Let my new wife and children live with me?

Questioner

I got divorced 6 and a half years ago and together with my ex I bought a house. I got married again last March and my ex has not lived in the house since last February, she has been deregistered. I have paid all the costs of mortgage insurance etc. for all those years. Can my new wife come and live with me now? We are married in community of property or does my ex have to give permission for this?

Lawyer

In the case of a home that was once jointly owned with your ex-partner, there are certain legal aspects that must be taken into account, particularly due to the fact that you have remarried and are married in community of property. Community of property: If you are married in community of property, this means that all assets and debts that you have are shared between you and your new wife. This also means that the house that you own together with your ex-partner is now also part of the community of property. Deregistration of ex-partner: Although your ex-partner has been deregistered from the house and is probably no longer part of the community of property, she can still claim her share of the ownership of the house, unless other agreements have been made about this in a separation agreement. Consent of the ex-partner: To avoid problems arising, it is wise to communicate with your ex-partner about your new living situation and to ask her written permission to let your new wife live in the house. This is especially important if the house is still formally jointly owned and no other agreements have been made in a separation agreement. Legal agreements: If agreements have already been made about the home during the divorce, for example about who pays the mortgage or who will continue to live there, then these agreements must be adhered to. It is advisable to consult your divorce agreement and see what has been agreed about this. In order to fully understand your situation and find the best solution, I advise you to contact 040 - 2350422 or send an email to info@echtscheidingswinkel.nl for your questions or to schedule a no-obligation intake interview.