Legal Assistance with Mortgages and Leaseholds

Questioner

Dear, My ex and I broke up about 3 years and 8 months ago and my ex refuses to put the house up for sale. I have stated several times that I want to do this but I get no response. I will probably have to enforce this through a judge In addition, I made an agreement in advance that I would transfer 290 per month to pay my part of the mortgage. This went well for 44 months, but suddenly she thought it should be increased to 490. According to her calculation, that is 1/3 of the fixed housing costs. To this she added leasehold, homeowners' association and life insurance. My question is whether she can demand a leasehold, VVE and life insurance from me. I have also read here that it is normal to ask for a user fee? My ex has changed all the locks of the house and I can't get in. I fully understand that I am responsible for the mortgage payments. But the leasehold of the VVE and a life insurance policy (in her name) prevent me from paying. I received a letter from her lawyer stating that I am obliged to make these payments on the basis of Section 3:172 of the Dutch Civil Code. the following is stated herein Unless otherwise provided by any regulation, the co-owners shall share in the fruits and other benefits produced by the common property in proportion to their shares, and shall contribute in the same proportion to the expenses arising from acts properly performed for the benefit of the community. Does the above even apply to my mortgage payments, homeowners' association, leasehold and life insurance? The first sentence begins with ''unless an arrangement states otherwise'' And the agreement between us was 290 euros per month and this has been the case for 44 months. A mutual agreement seems to me to be an arrangement that stipulates otherwise. I am very curious about the answer and thank you in advance for this.

Lawyer

The payment of mortgage charges, VvE contribution and ground rent are expenses that are made for the benefit of the community(property). If the life insurance is linked to / forms part of the mortgage loan, the insurance premium is also an expense for the benefit of the community. However, because you do not share in the fruits of the community in proportion to your share in the joint ownership (probably 50/50) (you do not use the home) and because, as you write, another arrangement had already been made, I believe that art. 3:172 cannot simply be applied. However, if the amount of €490 is really 1/3 of all costs, this may be a reasonable arrangement. You could propose to have the rental value of the home determined, and then set your financial contribution at half of all costs, minus half of the rental value.