{"product_id":"vragen-61030-mijn-ouders-hebben-ons-50-000-euro-geschonken-van-dit-geld-hebben-wij-ons-huis-verbouwd-er-is-schr","title":"Gift and divorce: Your rights explained","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n My parents gave us 50,000 euros, with this money we renovated our house. It was recorded in writing that this was a personal gift for me. Now we are getting divorced, do I have the right to reclaim this amount, or does this belong to the house?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIf you are married in community of property, the gift normally falls within the community property. If you divorce, you both receive half of the property, including the gift. Now that your parents have made a written exclusion regarding the gift, this falls outside the property. If the money was spent on the renovation, you have a right to compensation from your ex under certain conditions.\n\n For more information or assistance, please feel free to contact me directly and without obligation.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Thank you for your quick response. We are indeed married in community of property, but this remains outside of it. Under what conditions can I reclaim this gift? The amount was donated in 2009 and invested in the house. Incidentally, I am leaving the house and therefore it has to be bought out. According to my ex, the value of the house has increased due to the gift and he therefore has to pay me more. In his opinion, he now has to pay back the gift twice.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nIf there is equity in the house, this should be divided between the parties. If you leave the house, you will receive half of the equity. The gift is outside the joint assets and it is therefore incorrect for your ex to state that he will now pay double. The conditions under which the right to compensation applies include the nature of the expenditure, explicit agreement on the right to compensation, remaining funds received.\n\n If your ex does not want to pay compensation, you can recover this through the court.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55004731441501,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-61030-mijn-ouders-hebben-ons-50-000-euro-geschonken-van-dit-geld-hebben-wij-ons-huis-verbouwd-er-is-schr","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}