Matrimonial property law and mortgage advice

Questioner

I have inherited a house with exclusion clause community of property. There is a mortgage of €100,000 on the house. If I get married in community of property, will both the house and the mortgage remain private, or will the mortgage fall into community of property?

Lawyer

The blame does fall on the community.

Lawyer

The answer to your question does depend on when you are going to get married. As of 1 January 2018, the matrimonial property law will change drastically. The core of the change is that the 'premarital property' (i.e.: your own possessions and debts) will remain private and that only the possessions and debts you receive from the date of marriage will belong to the statutory community of property. If you marry in a statutory community of property after 2017, the debt will therefore fall outside the community.