In a divorce in Rijswijk, the joint assets must be divided. The manner in which this occurs depends on the matrimonial property regime: community of property or matrimonial conditions.
Community of Property
For marriages entered into before 1 January 2018 under universal community of property, all assets, debts, inheritances and gifts fall into the community. Upon divorce, this is divided fifty-fifty.
For marriages after 1 January 2018, the limited community of property applies. Only assets built up during the marriage are shared. Personal assets from before the marriage and received inheritances or gifts remain outside the division.
Matrimonial Conditions
If matrimonial conditions have been drawn up, the division is determined by the agreements made:
| Type | Provision |
|---|---|
| Cold exclusion | Each partner retains their own assets |
| Periodic settlement clause | Saved income is divided annually |
| Final settlement clause | Assets are divided upon divorce |
Which assets are divided?
- Property and associated mortgage
- Savings and investments
- Vehicles and other valuable possessions
- Household goods
- Business or shareholdings
- Debts and credits
- Pension provisions
Reference Date for Division
The reference date is crucial for determining the assets to be divided and their value:
| Criterion | Reference Date |
|---|---|
| Scope of the community | Date of filing the petition |
| Value of assets | Date of actual division |
Valuation
The value of assets must be established. This can be done via:
- Joint consultation (e.g., via market prices or comparisons)
- An appraisal by an independent expert
- In case of disputes: binding advice or a court ruling
What to do if my partner is hiding assets?
If you suspect that your partner is withholding assets, you can initiate an investigation. A lawyer in Rijswijk can request data from financial institutions or the Tax Authorities. Hiding assets may result in a larger allocation to the disadvantaged party.How is the property divided?
Often, one partner takes over the property and buys out the other, with the equity being split. The mortgage must then be approved by the bank for takeover. If this is not feasible, the property is sold.Am I responsible for my ex's debts?
In a community of property, you are both responsible for shared debts. Upon division, a debt may be assigned to one partner, but you remain jointly liable to creditors until the debt is settled or the liability has been transferred.Frequently Asked Questions
How are assets divided in a divorce?
Generally fifty-fifty, unless matrimonial conditions provide otherwise. Partners can jointly deviate from the standard division.
What falls under the division?
Everything within the community: property, savings, vehicles, furnishings, but also debts such as mortgages and loans.
What happens to the property in a divorce?
One partner can buy out the other, the property can be sold, or it can be agreed that one party continues to live there.
How are debts divided?
Debts in the community are divided equally. Debts outside the community remain with the responsible partner.
What if we cannot reach agreement on the division?
Then the court in The Hague will make a decision based on reasonableness, taking into account each party's contribution.
Summary
In a divorce, in principle everything in the community of property is divided equally, unless otherwise agreed or determined by the court.
Key Points
- Standard division is fifty-fifty
- Deviations possible by agreement
- Buy out or sell the property
- Court decides in conflicts
For legal advice, you can go to the Juridisch Loket Rijswijk or file a case at the Rechtbank Den Haag.