The inclusion clause

An inclusion clause (insluitingsclausule) is the reverse of an exclusion. The giver says in the deed that the inheritance or the gift falls precisely into the recipient's community of property. What would have stayed private then becomes joint, because the deed so provides. Such clauses are rare. You record them only if the deed contains the sentence. An inheritance that comes in during the marriage is therefore not automatically joint under an inclusion. The file should contain the literal sentence, the date of the deed and whether it concerns an inheritance or a gift. Ervazo does not tick inclusion for lack of another explanation.

The source is the will or the deed of gift, not a conversation at the kitchen table. If the sentence is not there, the field stays empty. You do not fill the field because the family thinks it fairer that the partner shares. A sense of fairness is not a clause. Note the name of the giver, the name of the recipient and the community that the deed names. If the deed is silent about which community, you write that the deed is silent. You do not yourself choose the marriage that seems most obvious. A later partner is no reason to read the sentence more broadly than it was written.

Keep the inclusion apart from the matrimonial property regime. The regime says what the statute or the marital property agreement does. The inclusion says what the giver additionally brings into the community. Those two rules can stand side by side, but they are not the same tick. Under a limited community, inheritances and gifts in principle stay private, unless the giver includes them. Precisely then the clause is the fact that switches off the main rule. In an older marriage in a full community the outcome can lie differently. You do not apply the one rule to the other date. Read both the giver's deed and the deed or the date of the marriage.

Rare does not mean unimportant, and it also does not mean that you may assume the clause. If it is there, you note it once, against the gift or the inheritance to which it belongs. If it is not there, you write that the deed contains no inclusion. Ervazo makes no deed and fills in no community. The program keeps the sentence or the absence of it.