Find out what you should be aware of when buying a property with a partner in the Netherlands. Are you planning to buy a home with your partner? Any plans to get married or register a partnership? If you are planning to buy a property with someone, first ask yourself these questions:
1. Are you planning to share financial responsibilities?
2. Are you planning to marry or enter a registered partnership?
3. Do you have a fixed or flexible income?
4. How will you share the equity or debt?
When getting married or in a registered partnership, a local community of property has been the norm since January 1, 2018. Alternatively, you can use a civil-law notary to draft a prenuptial or partnership agreement if you don't want that. Your owner-occupied home and mortgage debt are usually included in the community. If one of you passes away, the other can remain at home.
A cohabitation contract states that you are co-owners of the home and jointly liable for the mortgage obligation. The mortgage costs might be proportionally divided. Furthermore, in the cohabitation contract, you often specify which household products are shared and which are not and how much you contribute to the household costs.
When taking a mortgage together with a partner or alone, there are many topics to discuss. As partners, you can make agreements about the following:
1. What happens if you decide to separate or divorce one day?
2. How do you pay monthly mortgage payments?
3. How much money did you put into the house when you bought it jointly?
It is also essential to consider and think about what happens to a property when one of you passes away. In the event of death, the ownership automatically passes to the surviving partner, according to the legislation. However, this natural automation ( find synonym) only applies to marrying or having a registered relationship. If you intend to live together 'normally,' you must specify in your will that the residence will pass to the surviving spouse.
If you are not married, the residence will be passed down to your legal heirs, for example, your parents. In this case, it is always good to draw will at the notary. It is recommended to take care of the partnership, prenuptial agreement, and will before signing a transfer deed at the notary.
How the mortgage is registered depends on the agreement between the two partners. When you buy a property with a partner in the Netherlands, you have two options: getting married or registering your partnership. If you do so in a community of property, the house or debt you buy becomes automatically yours and your partner's. If you do not want to share property or debt with your parent, you can draft a prenuptial agreement at the notary. When a property is registered at the Dutch Land Registry, it is essential to know that the division of purchase has been officially formalized. Any further changes require a new deed drawn by a notary.