Allocation of the matrimonial home
The judicial assignment of the family home to one of the spouses at divorce.
At divorce, it must be decided who will live in the family home. Under Article 3:185 of the Dutch Civil Code, the court can allocate the home to one of the spouses, taking into account the interests of the children, financial capacity and reasonableness. The takeover price is determined by appraisal on the relevant date.
“The court allocated the family home to the mother because the children went to school there.”
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