Settlement of additional contribution from sale of home?

Questioner

In 2014 I had a house I owned. This house was completely in my name. My wife moved in with me and her son at some point. They were also registered in the BRP at my home address. In 2020 we got married in limited community of property. My home has always been in my name. Ultimately, I sold my home with a surplus value of €300,000. I estimate that my wife had invested approximately €50,000 in building materials in my former home at the time. In 2021 we purchased a new home together. The entire equity in my home has been invested in this to obtain the financing. Now that we are getting divorced, I am wondering about my additional contribution in relation to the division of the equity in our current joint home? In short: who is entitled to which share?

Lawyer

There are a number of factors at play in resolving your situation. These are complex issues based on the content of the marriage contract, the possible agreements that you and your (ex-)spouse have made and the way in which the assets have been mixed. Here is a general overview: Since you and your wife are married in limited community of property, all assets and debts acquired before the marriage are in principle yours as individuals. However, since the added value of the home was realized during your marriage, it could possibly be seen as joint property, regardless of whose name is on the title deed. As for the €50,000 investment by your wife in your home: it depends on whether there were any mutual agreements about this. If there were no agreements about the repayment of this contribution in the event of a divorce, this amount may be considered a gift. However, it may also be stated that there was an intention to repay the amount. As for the new joint home: if the equity from your previous home has been invested in it, you may need to discuss with your wife the portion you have invested. The value of this home, including the equity from the previous home, will probably be considered jointly owned. It is important to emphasize that these are general guidelines, and depending on your specific situation and/or agreements with your wife, the division may vary. Therefore, I recommend that you seek legal advice from a matrimonial property attorney to help you with this matter. -------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response. May we refer you to www.echtscheidingswinkel.nl?