Registration of a deed of division of property

Registration of a deed of division of property gives protection against the other spouse’s creditors. Registration of a deed of division of property is not mandatory and has no effect on the validity of the division of property.

If, in the division of property, a spouse has handed over property to an amount considerably exceeding what he or she was obligated to handed over, the division may be reversed into a bankruptcy estate. In order to protect the party that received property against the creditors of the spouse that handed over property, the deed of division must be registered in the Digital and Population Data Services Agency.

A division of property can be carried out at the demand of one of the spouses, when a divorce has been filed or a marriage or a registered partnership has dissolved due to the death of the other spouse. As a rule, the spouses have a marital right to each other’s property, unless the right has been limited by a prenuptial agreement or a provision in a gift deed or a will.

Registration of a deed of division of property only gives protection against the creditors of the other spouse, and does not affect the validity of the division itself.

No deadline is laid down for the registration of a deed of division of property. The application for the registration of a deed of division of property can be submitted any time after the division of property has been performed.

Do the following

• Fill in the application form.
• Submit the original signed deed of division of property and the filled-in application form to the Digital and Population Data Services Agency.
• After the registration, the original document and a registration certificate will be returned to the applicant.
• The form should preferably be submitted by post.

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