Rights separation limited community


Questioner

What am I entitled to in my situation? My partner and I have been registered partners without a prenuptial agreement since March 2018. We have two minor children together. My partner started his own BV before 2018. Under this BV he started a number of 'subsidiaries' after April 2018. If we split up, will I automatically be a co-owner of these companies? Am I entitled to half? And if he incurs debts here, am I also responsible for that? In addition, since 2021 he has been co-owner of a number of houses that he rents out together with a business partner. If we split up, will I automatically be a co-owner of these houses?

Lawyer

Since 1 January 2018, the Limited Community of Property Act has been in effect. You entered into a registered partnership in March 2018, which means that you are married in a limited community of property. All assets and debts that you had before entering into the registered partnership remain yours. Assets and debts that you built up after March 2018 are jointly owned by you, which means that you are entitled to half of the value. If you are entitled to half of the value, this also means that you are liable for any debts. If you are afraid that your partner is deliberately going to incur debts, you can file a divorce petition with the court. All debts that are incurred after the divorce petition are then for the account of the person who incurs the debts. In order to provide you with better advice, I advise you to contact me by phone at 040 2350422 or send an email to info@echtscheidingswinkel.nl. I would be happy to make a free intake interview with you, to see what I can do for you.

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