Why deed of partition?
Questioner
In 2012 I took out a mortgage to buy a house. At the time I had this done in my name only. In 2016 I got married under community of property. In 2017 I got legally separated. In 2021 it turned out that this divorce was not registered correctly and that is why the divorce was pronounced in 2021. This time a normal divorce. The divorce agreement of 2017 and 2021 states that the house has been fully assigned to me. With the mortgage provider I am the only one who is jointly and severally liable. In the land registry the house is also fully in my name. Now I want to take out an additional mortgage, but to arrange this a deed of division must first be made. Why is a deed of partition required if the house and the mortgage are registered in my name in the land registry, with the mortgage provider and in the divorce settlement?Lawyer
A deed of division is required for the transfer of the home. The registration of the home and the mortgage do not say everything about the division of the surplus or deficit and other matters that need to be divided in the event of a divorce. A deed of division concerns, among other things, the division of a house, a car, bank accounts, investments, pensions and other assets and debts. However, this may already be arranged in the divorce agreement? Sometimes there is a formal requirement from the bank that this deed must be drawn up by a notary.Neem de volgende stap
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