In a divorce in Zoetermeer, 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, the absolute community of property often applies. Under this regime, all assets, debts, inheritances, and gifts fall into the community and are divided fifty-fifty upon divorce.
For marriages after 1 January 2018, the limited community of property applies. Only assets acquired during the marriage fall into the community. 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 of Conditions | Provision on Division |
|---|---|
| Cold Exclusion | Both partners retain their own assets |
| Periodic Equalisation | Saved income shared annually |
| Financial Settlement | Assets settled upon divorce |
Which Assets are Divided?
- Property and associated mortgage obligations
- Savings and investments
- Vehicles and valuable possessions
- Household goods
- Business interests or shares
- Debt burdens and loans
- Pension provisions
Important Reference Date
The reference date is crucial for determining the assets to be divided and their value:
| Element | Reference Date |
|---|---|
| Scope of the community | Date of filing the divorce petition |
| Valuation of assets | Date of the actual division |
Valuation of Assets
The value of assets must be established, which can be done via:
- Mutual agreement (for example, via market prices)
- An appraisal by an independent expert
- In case of disagreement: a binding advice or judgment by the court
What if my partner conceals assets?
If you suspect that your partner is hiding assets, you can initiate an investigation. A lawyer in Zoetermeer can request data 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 a divorce?
Often, one partner takes over the property by buying 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 can be sold.Am I responsible for my ex-partner's debts?
In a community of property, you are jointly liable for shared debts. Upon division, a debt may be assigned to one party, but you both remain responsible vis-à-vis creditors until the debt is settled or the liability is discharged.Frequently Asked Questions about Division in Divorce in Zoetermeer
How are assets divided in a divorce?
Generally, assets are divided fifty-fifty, unless matrimonial conditions provide otherwise. Partners can agree on a different division.
Which matters fall under the division?
Everything that falls into the community of property, such as the property, savings, vehicles, furnishings, but also mortgages and other debts.
What happens to the property after divorce?
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?
Debts in the community are generally divided equally. Debts outside the community remain with the responsible partner.
What if we cannot reach agreement on the division?
In that case, the District Court of The Hague (Zoetermeer district) can make a decision based on reasonableness, taking into account each party's contribution.
Summary
In a divorce, the joint assets are in principle 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 judgment in disputes
For legal advice in Zoetermeer, you can contact the Juridisch Loket Zoetermeer.