Who gets the house in divorce? Free legal advice!

Questioner

My boyfriend and I are breaking up. We still live together, in a house we own. The question is who owns the house. The mortgage is 100% in my name. But he thinks the house is also his because he has done some DIY in it (smaller jobs but also major renovations, such as replacing the floor, replacing the front facade, adding space, replacing the roof). The fixed costs have been paid by me and via my bank account since the beginning (2010). It is only since the beginning of this year (2018) that he pays me half of the mortgage costs. He has been doing odd jobs in my/our house for room and board all that time. I don't want to live with him anymore. To what extent does he have a claim on the house? Or is it actually all mine because the mortgage is in my name?

Lawyer

It is about whose name the house is in; because the mortgage is only in your name, I suspect that the house is also only in your name. In that case, the house is yours and your friend has no claim to the house. not even because of his work on the house.

Lawyer

Furthermore, you could argue that he has been living there free of charge all this time (except for 2018) without paying any usage fee in return if he believes that you have been unjustly enriched by his voluntary work.

Lawyer

In addition to the answers of my colleagues: you could also consult the notarial deed of delivery of the house. This shows who the buyer/owner is (probably you). If you and your boyfriend have signed a cohabitation contract, you should also consult it. It often regulates matters such as a possible contribution obligation and what your rights are if you separate.