There are countless reasons to acquire a house together. Whether it is out of love, entrepreneurship or inheritance. Unfortunately, managing a joint property does not always run smoothly. The relationship can end, there can be different views on how the house should be managed or there can be quarrels in the family. Whatever the reason, there may come a time when you want to get rid of your share. How easy can this be done without being financially disadvantaged?
If there is a joint property within the meaning of Title 7, Book 3 of the Dutch Civil Code, Dutch law fortunately states that a shareholder does not have to remain in a joint property against his or herfreewill. So there is the possibility to sell your share, but how does this work?
When selling a share of a joint property, the shareholders have priority when buying that share. However, not every partner will be able to pay for this, let alone be willing to do so. Fortunately, you will not be trapped in the common estate. The way out is selling your share to a third party. However, this will not always be the most favourable financial option. In that case you can state that the entire joint property must be sold to a third party. Of course, not every participant will agree to this. Once again a threshold is imminent.
Going to court can help you overcome this threshold. A request for authorization to sell the joint property can be submitted to the court. A request will then be made for a replacement authorisation for the sale of the joint property. Our lawyers can assist you in this process and provide you with the required arguments and jurisprudence. The assistance of a lawyer who has knowledge of the matter is certainly important as the judge will decide whether one of the partners has a significantly greater interest in postponing the division rather than selling it. In order to avoid unnecessary waiting, the right legal assistance is essential.
Have you reached a deadlock and do you want to reach an out-of-court settlement, or do you want to go to court? Our lawyers can provide you with the necessary assistance and have the expertise you need! You can get in contact with our lawyers by filling in the form on our website or contacting us on +31 (0) 20 535 75 65.
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