Legal Consequences of Marriage after Divorce

Questioner

My ex-husband and I divorced in 2014. We agreed in the divorce settlement that I can continue to live in our joint home until our son turns 18 (in 2020). In that year it will be sold or taken over by me. We are 50/50 owners. Since this year, I have been bearing the costs of the mortgage alone. My ex is now remarrying in community of property. What are the consequences for me? Can I prevent his new wife from being able to claim a 1/4 of the house, if something happens to my ex-husband or if they divorce before 2020 or are the agreements in the covenant leading?

Lawyer

If your ex gets married on or after January 1, 2018, there will be a limited community of property and assets and debts will no longer be part of the joint estate. If your ex is getting married this year in community of property, then attached goods and debts do not fall into the community. Attached goods or debts are goods or debts that are connected to you or your partner in a special way. Pensions also fall outside the main rule. In the event of a divorce, pension rights often have to be divided. I strongly advise you to amend the divorce agreement to the effect that the marital home is allocated to you and that you pay any excess amount to your ex and that your ex is not released from joint and several liability.