Legal Question about Rent and Mortgage

Questioner

Last year my ex and I broke up. She made the choice to leave. I stayed in our house (although we shared all the costs) now a year later she asks me to pay rent on her part of the mortgage, is she within her rights? In addition, when purchasing the house I had a higher deposit, described at the notary) she paid this to me immediately of her own free will, now a year later she wants that money back. and only pay when the house is sold, can she ask for that after she has already transferred it of her own free will?

Lawyer

No, your ex is not in her right. Asking rent about her part of the mortgage is completely incomprehensible. If she means that you have to help her with her rent because you have continued to live in the house and are the only one who has the enjoyment of it, then I can agree with that if you have both continued to pay the mortgage. If you bear the mortgage yourself, she does not have much to demand. What is more important is that you still divide the house so that the house is entirely in your name. The latter is of great importance in connection with your mortgage interest deduction and the risk of loss of equity if your ex incurs debts and a creditor seizes it. As for your additional deposit, you (in my opinion) do not have to pay anything back if she has previously agreed to repay. You may be able to use this second question as a break claimant to get the division of the house finalized.

Questioner

I have had the pleasure of living there for a year and she wants to see retroactive rent for that, I have indicated that she can now use the house for the same period. (That way we both have the benefits and burdens of the house). However, she does not respond to this. Doesn't her right to ask for rent expire with that?

Lawyer

No, by not responding, you do not automatically forfeit any rights. You have made her a proposal and have not yet received a response. Did you give her a period to respond within this period? In what way did you make this proposal (in writing/registered?). Did she contribute to the mortgage? Especially if she did contribute to the latter, it may be that in all fairness you owe her something...

Questioner

I can understand her position on this, however, starting from the moment she indicated this to me, she is now asking for retroactive rent. If she had indicated this earlier, I would have chosen to leave the house earlier (I have already done so). As an average for this, I indicate that she can now use the house for the same period, which seems like a fair proposal to me. all previous contacts have been verbal and from now on it seems wise to do this in writing