Divorce
Breaking off a relationship brings with it a lot of emotions. It is important not to let yourself be led by these emotions in this situation but to arrange and conclude everything properly with your ex-partner.
Filing for a divorce
Common property, such as a car, the contents and real estate must be divided between you. This is often done in consultation with a lawyer and the lawyer will draft a divorce covenant. Goods such as household contents and the car can be divided without the intervention of a notary. However, the transfer of property and, for example, shares in a company must be arranged through a notary. A deed of partition must be drawn up for this purpose.Â
Drafting a deed of partition
A deed of division regulates the division of joint property in a divorce, termination of a registered partnership or cohabitation contract. This notarial deed records who receives the joint property and whether compensation must be paid for it. If you are married in community of property, the division can only take place after the petition for divorce has been filed with the Court.
It is advisable to have a deed of partition drawn up as soon as possible after the end of the relationship. For example, if the home is mortgaged, both parties remain liable for the mortgage loan as long as the home has not been divided. Other ownership risks such as decrease in value also remain for both partners as long as the home is not divided.
Terminating a cohabitation contract
If you want to terminate a cohabitation contract you can do so at any time. Breaking the cohabitation contract almost always happens because one of the partners wants to end the relationship. For the termination of the cohabitation contract you don't have to visit the notary.
Note, however, ownership situations that run outside the cohabitation contract, such as joint ownership of a home. Both ex-partners remain joint owners of the home even though the cohabitation contract has ended. Ownership of the home can be transferred to one of the cohabitants with a deed of conveyance.
Why choose Marks Wachters notaries?
- Personal
We combine high-quality service with personal attention. - For over 75 years
A household name in Greater Eindhoven and Nuenen since 1949. - Clear
We communicate in understandable language and avoid unnecessarily difficult language.
We are also happy to help you with:
Personal and non-committal
Schedule an appointment
Do you need a free consultation or would you like a quote for the creation of a deed of partition? Let us know, fill in your details below and one of our employees will contact you as soon as possible.
