1. WHAT CONSTITUTES A MATRIMONIAL PROPERTY?
Under the theme of the Family Law, matrimonial property is the property acquired by the spouses during their joint marriage. Matrimonial property is not the property that the spouses brought into the marriage, or which they inherited.
The same rights apply to extramarital unions. A common-law union is one that lasts three years or more, and can last even shorter if the couple has had a child.
2. HOW TO PROVE THAT THE SELLER IS IN THE MARRIAGE UNION?
Each seller when selling real estate is obliged to obtain a Birth Certificate and predict it to the buyer. The birth certificate clearly states whether the seller is married.
If the seller is in a conjugal or extramarital union, the consent to the sale of the property must also be given by his married/extramarital partner.
If the seller is not in a conjugal or extramarital union, he is obliged to give the buyer a statement that he is not in a conjugal or extramarital union.
3. DO DEBTS ALSO GO INTO THE MATRIMONIAL PROPERTY?
Unless otherwise agreed by the spouses, debts incurred during the duration of the marital or extramarital union are also part of the matrimonial property.
We often have the case that when selling a property in which the spouses or common-law partners divorce, they accept the property as a matrimonial property, but for the debts of the other party they do not want to answer. Unfortunately, this is not possible in practice.
4. WHAT IF THE PROPERTY WAS PURCHASED ON CREDIT?
The most common case is precisely that the common property was purchased through a loan. Then it is necessary to obtain a Letter of Lease from the bank that lent the property. After the cost of the loan and the remaining debt on the loan have been settled, the rest of the purchase price is divided into married or extramarital partners.
Of course, it is also possible to arrange a different distribution if the married or extramarital partners agree otherwise.
We at the Euro-Interiors Necessary Agency approach every property with special attention, and every seller of real estate, we make sure that all the rights and obligations of all participants in the process of buying and selling real estate are met.
Real estate agency Euro-interiors has been operating in the real estate market for more than 27 years. Our experience and knowledge are a guarantee that we will carry out the sale of your property in accordance with the law and to the satisfaction of all participants in the process of buying and selling real estate.
If you are selling your property, contact us with confidence!
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