Divorce and sale of the house

Questioner

My partner and I are going to separate. Last year we bought a house together that is in both names. We are not married and not in a registered partnership. When we bought the house we both put our own money into the house, we never recorded those amounts on paper who put how much into it. How is it going now? How do we divide the surplus value and the value that remains after paying off the mortgage debt?

Lawyer

Since I don't know all the circumstances, a general answer follows below. First of all, the question of whether you have a cohabitation contract is important. In addition, the purchase deed probably states whether you bought in undivided ownership or whether an ownership ratio has been agreed. For example, 50/50. If this is not the case, then in principle 'nothing has been arranged' except that you are both owners of the home. This can cause a lot of confusion and hassle. It is wise to see if you can reach an agreement together and agree on each other's contribution, the steps to be taken and any division. If that does not work, then a step to the court may sometimes be necessary. In court, the rule is that whoever asserts something must prove it. For example, if your ex says he has invested €100,000, this must be proven. Please feel free to contact me if you have any further questions or require legal advice.