INVESTING IN THE HOME OF YOUR (EX-) PARTNER AND THERE IS A LOSS OF VALUE

Living together and separating produces financial difficulties in some cases. Similarly in the situation where a woman invested in the home of her ex-partner and wants to see her money back. Read in this article how such an investment in your partner’s home can cause a lot of hassle.

Agreements for a cohabitation agreement

The husband and wife thought they had made clear agreements about their society. The man has been the owner of the house since December 1, 2009 and they started living together in 2011. In 2012 they split up and the woman left.

For example, the following has been agreed on the contribution of own money: “By [the woman] an amount to be determined is invested in the house to be purchased by [the husband]. The parties agree that when selling this property and / or at the end of the relationship, the potential surplus value that the property then has (value of the property minus mortgage debt) will be shared equally between the parties, whereby [the woman] first receives the her invested amount “.

Undervalue instead of surplus value

The moment the relationship break occurs, there is a lower value instead of surplus value. As a result, the aforementioned agreement is not complete. The man explains this agreement that only in a situation of surplus value a compensation of the investment should take place.

That is also literally. Initially, the court took over the man’s vision and later the court came to a different conclusion. They come to the conclusion that the woman is still entitled to the investment despite the fact that there is no surplus value. Also the explanation of the man during the handling of the lawsuit why there is specifically chosen no refund at an undervalue is not convincing.

READ  INVESTING IN THE HOME OF YOUR (EX-) PARTNER AND THERE IS A LOSS OF VALUE

An amount of € 15,000 will be charged as the compensation for the investments. This amount differs greatly from the requirement of the woman who demands approximately € 69,833.

Evidence investment

The recording and recording of these investments probably now breaks this woman up. During the trial, the man disputed that these renovations were made by the woman. The money is in fact taken in cash by the woman from a Belgian bank account and subsequently processed in cash.

If you already make agreements about these investments, it is also wise to keep a good administration and preferably to make payments per bank. Then at a later moment the cash flow for the investments is reconstructed.

In that case, it helps that the man has confirmed orally during the hearing that the woman has invested between € 10,000 and € 20,000 in the home.

Updated: May 17, 2019 — 10:46 pm

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