Liability of the managing director: Living together and buying a house

Questioner

How can I, as a cohabiting partner of the managing director, avoid liability in the event of bankruptcy or 'unacceptable conduct' if we buy a house together?

Lawyer

If you are a registered partner, it is wise to have partnership conditions drawn up by a notary that are appropriate for your (new) situation. If you live together on the basis of a cohabitation agreement, it may be useful to have this reviewed by a lawyer. Incidentally, you will never be liable for mistakes that your partner makes in 'his' BV - company, but the consequences of this can often be disadvantageous for you, especially if there is joint property, such as a jointly owned home. Therefore, always make appropriate partnership / marriage conditions or cohabitation agreement in these types of situations and think about registration of private property (putting the home in your name?)

Questioner

Great that you answered! What should be in the cohabitation agreement so that I do not run any risk? For example, can I include that in the event of 'errors' in the BV, my financial contribution to the home will be safeguarded? At the moment we don't have a cohabitation contract or a house together, but we are considering buying a house together. We both want to contribute an equal financial share to the house. Are there any disadvantages to putting the house in my name?

Lawyer

I understand that you may soon be buying a home together. You will be required to engage a notary for this, and if it concerns an existing home, you can choose the notary yourself. I think it would be wise to have an exploratory conversation with the notary you want to engage for the purchase well before you proceed with the purchase, so that he or she can provide you with customized advice, taking your specific situation into account. In general, business and private matters should be kept as separate as possible, so that 'calamities' in one sphere have as little impact as possible in the other sphere.