The exclusion clause

An exclusion clause (uitsluitingsclausule) stands in the deed, usually in the will of the person who leaves the property. The clause says that what the recipient receives falls outside every marital community of property. That inheritance therefore stays private to the recipient, even if that recipient is married. Without that sentence in the deed you do not assume the exclusion. The fact that someone has inherited something is not a clause. In the file you copy the sentence, with the date of the will and the name of the notary who executed the deed. A paraphrase in your own words may sit beside it, but it does not replace the sentence. Ervazo does not read the deed for you and does not tick the exclusion because an inheritance sounds private.

The clause works for the recipient personally. What he or she receives from that estate remains his or hers, and does not fall into the community with a spouse or registered partner. That follows from the text, not from the nature of the asset. A house left under an exclusion clause you record as private to the recipient, with the clause as the source. Without the clause in the file that house remains a question, not a private entry. Also write whether the clause speaks of every community, or only of a particular community. You take those words over. You do not narrow them and you do not broaden them because a later situation feels different.

An exclusion clause is something other than the statutory rule about what is private. In a marriage under the statutory community an inheritance can sometimes already be private, and sometimes precisely not. That question belongs with the date of the marriage and with the terms. The clause itself is an extra fact from the giver's deed. Record both if they are both there, and do not mix them into one tick. If the deed is missing, the exclusion field stays empty. A family story that grandfather always kept everything outside the marriage is not a source. Request the will and read the clause, or note that the will is not yet in the file.

Against the acquisition put the name of the recipient, the name of the deceased and where the clause is found. Add whether the sentence excludes every marital community of property, in the words of the deed. No sentence means no assumed exclusion. Ervazo records the fact and does not make the deed. The program gives no opinion on the consequence for a later marriage or for a later divorce.