Legal assistance with divorce and cohabitation agreements

Questioner

my boyfriend and his ex-wife (cohabitation contract, not married or registered partnership) own a house (50-50 in both names). It is for sale because neither of them wants/can continue living there. Shortly after her departure (she left, now lives in a rented flat) we met each other and due to circumstances I quickly moved in with my boyfriend. We now also officially live together, I am registered with him (his ex will deregister with him as of 1 June). My boyfriend and his ex had a first mediation meeting (there is also a child involved). There the mediator said that ex can stop contributing to their joint mortgage. 'Of course I live with him now'. She said that ex only had to pay the owner's part of the WOZ. That my boyfriend and I have to bear the other costs together. My question is, is that so? Does she no longer have to pay? Why then that part of the WOZ? And what about the life insurances that are linked to the mortgage? Does this mean that I actually have to contribute to 'her life insurance'? FYI, I also have another side, also an ex now, also a house that is going to be put up for sale. I was married and divorced via mediation. I contribute half of the mortgage and fixed costs of the house. My ex contributes the consumption costs. In addition, we also have a child with an associated alimony arrangement. I will pay spousal support after our house is sold. I am looking for answers to the above questions so that I can help my friend, to be honest I can't really find them on Google for example.

Lawyer

Your friend and his ex-partner are both liable for the mortgage and must therefore both pay half of the costs. That is the starting point. It is possible that other agreements have been made in the cohabitation contract. On the other hand, your friend's ex-partner can claim a usage fee because he uses the home alone. He uses a property that is also hers. The usage fee is often set at half of the housing costs, so that the person who continues to live in the home pays the entire housing costs. If the mortgage is repaid, or if there is a life insurance policy, the repayment or accrual of value after the relationship has ended must fully benefit the person who repays or pays the premium. However, this again depends on the content of the cohabitation contract. It is important that your partner consults a lawyer.

Questioner

Thanks for your quick response, that would mean that this mediator is providing incorrect information? or at least providing very short-sighted information, because she did not mention a user fee that the ex could possibly ask for, is that why you are referring him (us) to a lawyer? They initially opted for a mediation process because it did not seem all that complicated The cohabitation contract is, as far as I know, completely standard, no special clauses... The mortgage is interest-only, with the life insurance and investment policies for the house linked to it. They paid and still pay for this together. If she stops paying, which means I have to pay part of it (my friend cannot carry this house alone), then that means that I am indeed entitled to part of the accrued value (she 50-50 until the premium payment date and then I a part and my friend a part), am I reading that correctly from your answer? (it is getting very complicated, but I want to understand the basics. In addition, it apparently does not matter to their situation that I am also stuck with a house with a mortgage that I am paying? Thank you for your addition

Lawyer

Don't mention it. A mediator is a conflict mediator. Under the guidance of a mediator, people try to find a solution. This solution does not always have to be legally correct. In principle, anyone can call themselves a mediator. It is therefore important that the mediator is registered. A mediator assists two people and therefore has a completely different role than a lawyer. So I am not saying that the information provided by the mediator is incorrect. However, a lawyer only looks at the interests of your partner. That is why I advised contacting a lawyer. This lawyer can tell your partner how things are legally and what his rights are. If he then makes different choices with the mediator, for example because those agreements are also reasonable or to ensure that there is a good relationship (important because they have a child), he has chosen that himself. But then he at least knows what his rights are. You are correct about the policies. You should actually compare such a policy with a savings account. What you save on it is/remains yours. Whether the value is divided 50-50 depends on the content of the cohabitation agreement. In principle, cohabitants are entitled to the part they have saved. So if she has paid 100 euros per month and your partner 200 euros, she is entitled to 1/3 (100/ (100+200)) of the value of the policy and he to 2/3. However, in a cohabitation agreement it is often agreed that the value of such a policy is shared equally. This is therefore important for you. Success!