Adjusting the terms and conditions of departure from home?


Questioner

A friend signed a separation agreement about 1 year ago, with the mediation of a mediator. He bought out his wife. Transferred that amount to her on July 1. Unfortunately, the separation agreement states that she may continue to live in the accommodation until she has found another accommodation. This can of course last until her death. There should have been a final date in this, I think. Is there anything that can be done about this? She no longer wants to contact the mediator about this. She has almost no income, but she does have some assets due to the buyout sum, but she is therefore not eligible for social housing. She is also not eligible for a private sector home, because her income is too low for that. According to her, she cannot go to family, she is not very mobile, needs a ground-floor home, but she does not want to apply for an indication. You will understand that the situation is becoming increasingly difficult. You want to divorce through a mediator in order to settle matters properly, but because the divorce agreement does not specify a final date for leaving the home, my friend has no right. Are there any other options? She therefore no longer wants to talk to the mediator about an addendum to the divorce agreement. Is the only option to have a judge decide through a lawyer? What can a judge do then? Isn't it reasonable that if you are getting divorced and have bought out the other person, you leave the home within a year or so? So my friend has only gone worse off. Divorced, but not yet from her, because she still lives in his house, and one has already transferred all her money.

Lawyer

His ex has an obligation to make an effort to find other housing. This should succeed if an effort is made within a reasonable time to find another housing. It is then up to her to demonstrate that she is doing enough to find another home. If she does not make an effort to find something else, she can indeed be evicted. However, this cannot be done just like that, then your friend will have to go to court for that.

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