What to do in case of cohabitation and sale?

Questioner

I own a house together with my ex-husband. He lives in this house (occasionally). We have 2 children together who live with me, in a private rental house. Now he wants to sell the house, I don't want this and want to return to our house with the children as soon as possible (as do my children). I can no longer afford the rent for the house, but I can afford the mortgage, which is much lower. However, it is true that I earn just too little to buy out my ex-husband. At the moment, my salary is too low. The house is in both names and in short, it means that in 2 months I will be on the street with my children, while I have my own house there and he absolutely does not want to move out, unless I buy him out. What are my rights?

Lawyer

Your ex-spouse cannot sell the house without your permission or without substitute permission from the judge. However, since no one has to be left with an undivided estate, it is likely that he will receive permission from the judge. The biggest problem, however, is joint and several liability. You are now both 100% liable for the mortgage payments. If your ex-spouse stops paying, the mortgage bank will come knocking on your door. In addition, you are 50% liable for the basic costs of the home and for the necessary maintenance. If you move into the purchased home, you will also have to pay a usage fee to the other owner.