Familie, Scheiden, Alimentatie
Particulier
Am I and my property in Serbia protected?
I come from Serbia (outside EU) and my Dutch residence permit just got approved.
I am married to a Dutch citizen. We got married in 2020, under standard marriage agreement. At the moment of concluding the marriage I did not have a Dutch residence permit, and the marriage was concluded in the Netherlands. We entered the marriage with the following financial situation: my husband's student loan of 60 000e and appartment that I have inherited in Serbia (appartment was inherited with the hypothec, where out of 100 000 e value 2500 e was paid after marriage was concluded, and now I am the legal owner).
While I was still in process of getting Dutch residence permit, my husband went behind my back and purchased a house under "no financial guarantee option" with the 10% damage in case of not signing the buyers agreement. I think that we are not able to buy the house at the moment, because he has just started working and I have just gotten my residence permit. Bank is willing to give us morrgiage that will be enough to buy the house, but only if I have the guarantee from the employer for "vast kontrakt" by June. I think that is not realistic and I don't want to sign the buyers agreement.
My question is: Am I and my property in Serbia protected if I do not sign it? Is my husband going to be the only one liable to pay back the 10% in damages?
If I do not want to participate in the house buying, my husband's family is going to loan him money. They told me that in the case of him being the only one to sing the buyers agreement he is going to be the only owner and in the case of divorce I will have no rights to the house. So they advised me to sign it. Is this information correct?
I am fine with him being the only owner, because I also don't want to be liable for any debt. I have to protect my property in Serbia, since I have family members who live there and I am not in a position to lose it or sell it. What will be smart to do in my situation?
I hope I was clear. If you need any aditional information, please contact me.
I am married to a Dutch citizen. We got married in 2020, under standard marriage agreement. At the moment of concluding the marriage I did not have a Dutch residence permit, and the marriage was concluded in the Netherlands. We entered the marriage with the following financial situation: my husband's student loan of 60 000e and appartment that I have inherited in Serbia (appartment was inherited with the hypothec, where out of 100 000 e value 2500 e was paid after marriage was concluded, and now I am the legal owner).
While I was still in process of getting Dutch residence permit, my husband went behind my back and purchased a house under "no financial guarantee option" with the 10% damage in case of not signing the buyers agreement. I think that we are not able to buy the house at the moment, because he has just started working and I have just gotten my residence permit. Bank is willing to give us morrgiage that will be enough to buy the house, but only if I have the guarantee from the employer for "vast kontrakt" by June. I think that is not realistic and I don't want to sign the buyers agreement.
My question is: Am I and my property in Serbia protected if I do not sign it? Is my husband going to be the only one liable to pay back the 10% in damages?
If I do not want to participate in the house buying, my husband's family is going to loan him money. They told me that in the case of him being the only one to sing the buyers agreement he is going to be the only owner and in the case of divorce I will have no rights to the house. So they advised me to sign it. Is this information correct?
I am fine with him being the only owner, because I also don't want to be liable for any debt. I have to protect my property in Serbia, since I have family members who live there and I am not in a position to lose it or sell it. What will be smart to do in my situation?
I hope I was clear. If you need any aditional information, please contact me.
I assume partners chose for the Dutch marital regime? In the case above you have a marital conflcit because if a house is registered and purchased by one partner during the marriage this will be a commun possess. The appartement also so I suggest you change the marital regime to "huwelijkse voorwaarden".