Legal assistance with property after divorce

Questioner

6 years ago, I got divorced. We had a house, I signed a self-written paper together with my ex, in which I gave up the house and the contents. The hipotheek remained in my name so that my ex could continue to live there. Is this paper valid?

Lawyer

The agreement made between you both is legally valid, but as they say, has no business effect, which means that the agreements only apply between you both. The agreements made must be elaborated in a notarial deed of division, a copy of which must be registered with the land registry. This means that the house will formally be in the name of your ex and the agreements also apply to third parties. As long as this has not happened, you are still co-owner of the house. If you no longer wish to be jointly liable for the mortgage, a request must be made to the mortgagee to release you from joint and several liability.

Questioner

Do I have to give permission if the house were to be sold? And if it is sold at a loss, am I responsible for that too, and what if it is sold at a profit?

Lawyer

You are co-owner of the home, without your cooperation it cannot be sold. As co-owner, you are also co-entitled to the proceeds of sale (in case of profit) or co-liable for a residual debt if sold at a loss.

Questioner

Even though I have not lived in the house or contributed to the mortgage in the past six years?

Lawyer

Yes, see my previous answer.

Questioner

even though I haven't lived there myself or helped pay the mortgage for the past six years?

Lawyer

Whether or not you lived there is irrelevant, you are a co-owner. Your ex apparently paid the mortgage interest, that is no reason for any settlement because your ex also lived in the property. If your ex also made repayments on the mortgage, that could be a reason for mutual settlement.