Divorce & the division of property

Deciding to go your separate ways is not a decision you take lightly. Splitting up is often a long-term process that exposes you to mental and physical strain. Hardly the ideal situation when it comes to sorting things out and making properly considered arrangements about your finances or the division of your common property, such as the car and household contents.

Involving a civil-law notary in the division of property
Much of your property will be divided up by mutual agreement – the car, for instance, or the contents of your home. However, Dutch law requires the intervention of a civil-law notary for the division of certain assets, such as your house or shares in a company.

The deed of division
If you want a mortgage so that you can buy out your ex-partner, the bank will require a ‘deed of division‘ (akte van verdeling). The process for getting one is similar to when you’re buying a home. You choose a civil-law notary who then draws up the notarial deed.

The civil-law notary verifies the ownership rights and prepares the deed, stating who the property is allocated to. Once signed, the deed is entered in the land registry (Kadaster). Both parties remain responsible for the mortgage loan until the property is divided, even if they no longer reside at the property.

Transfer of ownership of property and shares
When a marriage is dissolved, a lawyer drafts a divorce settlement containing agreements made between the two ex-partners. If you are terminating a cohabitation contract, you can have a settlement agreement drawn up.

If you need to divide up property and/or shares, this must be done by notarial deed. This is regulated by Dutch law. A divorce settlement is not sufficient in such cases.