From Community of Property to Prenuptial Agreements

Questioner

We entered into registered partnerships in 2008, and without really thinking about it, it became 'in community of property'. We would like to convert that into a prenuptial agreement. We do not want to divide it all, because I have contributed much more, we think I can take that with me. So we would like my husband to get about 30% of our assets/real estate, and I the remaining 70%. Is that possible, or will it simply be 50% - 50%? THANK YOU in advance

Lawyer

If you are going to draw up a prenuptial agreement, it can in principle have any content. If you are going to transfer part of your assets, you must take into account the fact that a gift will be made to the other person, on which gift tax must be paid. See https://www.belastingdienst.nl/wps/wcm/connect/nl/schenken/content/tarieven-schenkbelasting. I advise you to contact a notary, who can advise you further.