Legislator Case Law & Legislation
ECLI:NL:GHARN:2010:BL5742 ECLI:NL:GHARN:2010:BL5742 AI generated

Court upholds divorce property division ruling, correcting bank account offset calculation and awarding specific asset shares.

Case Number ECLI:NL:GHARN:2010:BL5742
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Court of Appeal upheld the lower court's divorce property division order while correcting a specific calculation regarding bank account offsets. The husband argued for a different distribution based on his partial repayment of the wife's negative balance, which the court acknowledged and adjusted in the final sum. Consequently, the court confirmed the wife's entitlement to half the house value and half the car value, while ordering the husband to pay the corrected net difference of €2,943.20 to the wife.

Legislator headnote

AI generated

Art. 230 TBW; Art. 231 TBW: In divorce property division, both assets and liabilities must be offset between spouses, requiring the court to calculate the net difference and distribute half of the resulting surplus to the spouse with the lower net position.

Keywords

AI generated
divorce property division community of property bank account offset asset distribution liability calculation Tweede Burgerlijk Wetboek property settlement

Cited Legislation

AI generated
Art. 230 TBW
Art. 231 TBW
artikel 3:166 lid 2 BW

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