Can I buy a second home without a partner present?

Questioner

My wife and I have now been married for 36 years in community of property. The house we currently live in is now mortgage-free. Due to marital problems, I can now use our savings to buy a 2-room apartment as a second home, so that we can give each other peace and quiet for an indefinite period of time (if necessary). My question is: Can I buy this apartment (without a mortgage) through the notary without the presence and signature of my wife? Is my wife still a co-owner without her signature? So that if I die my wife can sell the apartment again. Can I purchase a second home through the Notary with our savings without my partner being present? Thank you in advance for your explanation.

Lawyer

Short answer to your questions 1) no, 2) yes.

Lawyer

You are performing a legal act that does not fall under the normal management and disposal of the household and that also encumbers the joint assets if you still finance a part. For that reason, you need legal permission for the purchase of the second home, as required by law. If you do so anyway, this legal act of purchase of registered property can be annulled. However, a notary will also require authorization.

Questioner

Dear Mr. Ferwerda, First of all, thank you for your (short) answer. This morning I looked up and found some more information. On a website of the Notary it states that according to the law, without a mortgage no signature is required from the partner for the purchase of a second home (holiday home - garage box). If a mortgage is required, a signature from the partner is required, because the bank wants extra security. Your short answer and the description of the Notary still make it unclear to me, is a holiday home the same as a second home....or? Your answer will most likely be No, because a holiday home may not be permanently occupied and is therefore not considered a second home. Yours sincerely, Freek van der Meij.

Questioner

Dear Mr. Ferwerda, My apologies for my first response, I had not seen your second explanation. Thank you for your second information/explanation, this gives me more clarity. Yours sincerely, Freek van der Meij.