Boedelscheiding

Matrimonial property division

The division of the joint property — assets and debts — upon divorce.

Matrimonial property divisionis the legal division of the joint assets upon divorce, termination of a registered partnership or upon death. For married persons in community of property (marriages before 1 January 2018), the entire assets are divided 50/50. In thelimited community of property(since 2018) premarital property, inheritances and gifts remain private.

A matrimonial property division includes:

If the partners cannot reach an agreement, the judge will appoint a property division notary (boedelnotaris) or an impartial person (Article 3:181 Dutch Civil Code (BW)). The division must be completed within three years after the divorce, otherwise a party may apply to the court.

The matrimonial property division proved complex due to a joint enterprise and two mortgages.

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