Registered partnership and the statutory division

In inheritance law a registered partnership follows the line of the spouse. If there is also one or more children, the statutory division of art. 4:13 BW applies, unless the will switches that regime off. The registered partner is then the surviving partner who receives the assets. The children receive a monetary claim, in principle payable on the death of the surviving spouse or registered partner. In the file the partnership stands in the same box as the marriage for this question, with the registration as the source.

The source is the registration, not the habit of calling someone a partner. In the file the document or the entry from the civil-status register belongs, with the date. Without that source the status stays empty, even if the persons have run a household together for years. A cohabitation agreement does not fill this box. A joint account does not fill it. Only the registration places the person on the line of the spouse for the statutory division.

A LAT relationship (living apart together) does not do that. Someone who lives apart and has no marriage and no registered partnership does not stand as the surviving spouse or registered partner under art. 4:13 BW. No assets by operation of law. No monetary claim of children against that person under the statutory division. In the file that person receives the tie that fits the facts, without the role of registered partner. A will can still grant something. That is then the deed, not the partnership.

Children of a registered partnership each stand as a person involved of their own, with a claim of their own if the statutory division applies. The partnership does not absorb those claims into a single line in the name of the surviving spouse or registered partner. If the will switches the division off, the deed applies, just as with a marriage. The file does not use a lighter version because the word spouse is missing. The statute places the registered partnership on that line. The software adds nothing to that and takes nothing away.

Ervazo records the registration and the division as the documents show them. It does not calculate by way of advice, draws up no deed and files no tax return and makes no payment. A LAT relationship stays outside that box. The civil-law notary, the court or the Dutch Tax Administration (Belastingdienst) decides the specific case. A LAT relationship stays outside the statutory division until another document, read by that authority, provides otherwise.