Partners who are not married or have a registered partnership but do live together are also referred to as 'cohabitants'. After the breakup of a relationship of the so-called cohabitants, a situation may also arise in which a lot of (legal) arrangements need to be made. In most cases this involves the division of property. It regularly happens that these situations also cause (legal) problems, for which good assistance is necessary.
To have a cohabitation agreement or not?
As a couple (cohabitants), it is not pleasant to talk about the "what if" situation. What if our relationship is over? Nevertheless, it may be wise to make the necessary arrangements. It is not necessary to lay this down in black and white, but the position of proof is difficult at the moment when no written arrangements have been made. Especially if the parties share assets, it is advisable to draw up a cohabitation agreement.
When cohabitants separate, the first thing to consider is whether a cohabitation agreement has been drawn up. If there is a cohabitation agreement, it should be examined whether it (also) regulates the property law aspects of cohabitation. In doing so, the additional effect of reasonableness and fairness should be taken into account. In addition, there may be undue payment or unjust enrichment.
Even if no agreements have been made regarding the property aspects of society, reasonableness and fairness in the circumstances of the case may dictate that there is a right to compensation.
The property
The main point of dispute between parties is often the home. For example, one party claims that the other is ordered to cooperate in the sale of the home (to a third party). The premise is that, in principle, a participant in a community (one of the two parties) does not have to remain undivided against her/his will. Any participant in a community can at any time claim partition at the court.
However, the court may, on one or more occasions, for a maximum of three years at a time, exclude a claim for partition if the interests of one person affected by an immediate partition significantly outweigh the interests of the other. In weighing these interests, the court must consider all the circumstances of the case. If the sale of the property is urgent, the case can be submitted to the court in summary proceedings.
When it comes to the home, there are numerous subtopics to consider. For example, it can be considered whether one party is entitled to a (re)payment for an investment already made in the home. In some cases, it may also be relevant to assess whether one of the parties is entitled to a user fee because he/she has been using the home alone for a period of time.
Other topics
One can think of numerous other issues that need to be settled during the breakup of cohabitants. Therefore, the settlement is mostly casuistic in nature. For assistance with your settlement, please contact Kötter, L'Homme & Plasman Attorneys at Law.
Lawyer needed for?
If you have been living with your (former) partner and would like advice/assistance on the breakup, please email info@klpadvocaten.nl or (during business hours) call 020-6731548.
