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Property abroad - ex wife issues

I would like to sell my brothers house in the Netherlands. He passed away last year but there have been issues with the ex wife. She is not due any money from the sale of the property, she.knows this and unfortunately the mortgage company didn't remove her name from the deeds following the divorce. She has never paid any of the mortgage. Apparently she and I will need to sign the house paperwork but I'm extremely concerned she will make demands in exchange for signing. 
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Comments

  • Are the Lenders the party that removes names on deeds, I thought this was done by the home owners ?
    I don't think divorce automatically remove the person from deeds (and/or mortgage loan) does it, the parties whose names are on the paperwork, etc, are responsible for updating various bodies with pertinent information. 
    I would definitely speak with the solicitor before signing.
  • Hew
    Hew Posts: 66 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    The division of assets was included in a lengthy document which made up the divorce papers. I don't know why the mortgage company wouldn't remove the ex wife's name but a notary has this year written a document to the mortgage company requesting that the ex wife's name is removed leaving my brothers. The ex wife signed as she had been offered a sum of money from the heirs once the deeds were updated but the mortgage company won't do this as the heirs don't live in the Netherlands. The notary then asked the ex wife to sign a power of attorney as this would have been an alternative solution and she would have received the same sum of money, but she has now set her sights on my brothers life insurance which is pledged to the mortgage company. If she doesn't sign the final papers, the sellers have to pay the buyer 10%
  • missile
    missile Posts: 11,806 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What issues? Have you discussed with ex wife? Hopefully she might agree to sign for zero or at a small cost. Could be easier and less expensive than a protracted legal dispute.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • Hew
    Hew Posts: 66 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    The issues started the morning she found out my brother would likely not last the day that he passed away, she transferred €20,000 from his account but that wasn't all. She is a very unscrupulous person. 
  • oldbikebloke
    oldbikebloke Posts: 1,096 Forumite
    1,000 Posts Name Dropper
    edited 26 April 2020 at 9:58AM
    just to be clear - you are asking about the legal issues around sale of property IN THE NETHERLANDS plus also issues around settlement of a divorce also in the Netherlands 

    anyone who replies should do so with knowledge of the Dutch system, not what a UK lender does 
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    just to be clear - you are asking about the legal issues around sale of property IN THE NETHERLANDS plus also issues around settlement of a divorce also in the Netherlands 

    anyone who replies should do so with knowledge of the Dutch system, not what a UK lender does 
    In fairness the divorce may have been granted here- but the OP isn’t clear on that
  • Hew
    Hew Posts: 66 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 26 April 2020 at 7:38AM
    The divorce was granted in a Dutch court. 
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Hew said:
    The divorce was granted in a Dutch court. 
    In that case it's unlikely anyone can help you with this. All the factors are based in another country with a very different legal system
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, so are you the executor under Dutch law? 
    No free lunch, and no free laptop ;)
  • Hew
    Hew Posts: 66 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Yes, I am officially dealing with my brothers estate. 
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