Restitution claim
A claim for the return of private property that has flowed into the joint marital property.
A restitution claim is the right of a spouse to reclaim money from private property that has flowed into the joint marital property (Article 1:95 paragraph 2 and Article 1:96 paragraph 4 of the Dutch Civil Code). This applies, for example, when an inheritance with an exclusion clause has flowed into the joint property.
“The husband filed a restitution claim for the €80,000 he had invested from his inheritance into the joint property.”
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