In a divorce in Utrecht, the joint assets must be divided. The manner in which this occurs depends on the marital property regime: community of property or marital conditions.
Community of Property
For marriages entered into before 1 January 2018, the statutory community of property often applies. This means that all assets, debts, inheritances, and gifts are shared and divided fifty-fifty upon divorce.
For marriages after 1 January 2018, the limited community of property applies. Only the assets accumulated during the marriage fall within the community. Personal assets from before the marriage and received inheritances or gifts remain outside the division.
Marital Conditions
If marital conditions have been drawn up, the division is determined by the agreements made:
| Type | Provision |
|---|---|
| Cold exclusion | Both partners retain their own assets |
| Periodic settlement clause | Saved income is shared annually |
| Final settlement clause | Upon divorce, the assets are still divided |
Which assets are divided?
- Property and associated mortgage
- Savings and investments
- Vehicles and valuable possessions
- Household effects and furnishings
- Business or business interests
- Debts and loans
- 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 divorce petition |
| Value of assets | Date of the actual division |
Valuation
Determining the value of assets can be done in various ways:
- By mutual agreement (for example, via market prices)
- By an independent appraiser
- In case of disputes: via binding advice or court judgment
What if my partner conceals assets?
If you suspect that your partner is hiding assets, you can initiate an investigation. A lawyer in Utrecht can request information from financial institutions or the Tax Authorities. Concealing assets may result in a larger allocation to the disadvantaged party.What happens to the property in divorce?
Often, one partner takes over the property and buys out the other, with the equity being shared. The mortgage must then be refinanced, which requires bank approval. If takeover is not possible, the property is sold.Am I responsible for my ex's debts?
In a community of property, you are jointly liable for shared debts. Upon division, a debt may be assigned to one partner, but you both remain responsible vis-à-vis creditors until the debt is settled or the liability is discharged.Frequently Asked Questions about Divorce in Utrecht
How are assets divided in a divorce?
Normally, everything is divided equally, unless marital conditions provide otherwise. Partners can make other arrangements together.
Which assets fall under the division?
Everything within the community of property, such as the property, savings, cars, furnishings, but also debts such as mortgages.
What happens to the property?
One partner can buy out the other, the property can be sold, or it can be agreed that one partner continues to live there.
How are debts divided?
Joint debts are in principle divided equally. The originator remains responsible for personal debts.
What if we cannot reach agreement?
Then the court in Utrecht, for example at the District Court of Midden-Nederland, can make a decision based on reasonableness, taking into account each party's contribution.
Summary
In a divorce, assets are in principle divided equally, unless otherwise agreed or determined by the court.
Key Points
- Standard fifty-fifty division
- Deviations possible by agreement
- Buy out or sell the property
- Court intervention in conflicts
Relevant Institutions in Utrecht:
- District Court of Midden-Nederland, Vrouwe Justitiaplein 1
- Juridisch Loket Utrecht, Catharijnesingel 55