TIGV with separation of property
Bringing certain assets together.
Keeping the rest separate.
Discover our guidance ↓To begin with
You want to retain your own possessions and still arrange something jointly for your partner. For example, the home. You can agree on an additional joint part in your marriage contract for this purpose. The legal term is added internal joint property, abbreviated TIGV.
"Before you start speaking, you can ask yourself one question: what does the other person really need to know to correctly understand my choice?"
Your questions, step by step
Do you want to hold some possessions together and others separately? We explain how you can arrange that within your marriage contract.
Why do I go to the notaire for this?
Within separation of property, an added internal joint property can be devised. The notaire will determine with you which assets and liabilities belong to it.
Can we share certain assets and keep others separate?
Place your existing marriage contract and property side by side.
Determine what is joint and how it is managed.
Discuss the consequences upon divorce, death and debts before the deed.
How does this proceed and how long does it take?
The preparation depends on the existing arrangement and the assets involved. Inform us of a planned purchase or other important dates in advance.
Which documents should I provide to the notaire?
Prepare what you already have. You do not need to wait until your folder is complete to make an appointment.
Is a document missing or do you not know where to find it? Check the help for each document. We will discuss what the office can obtain for you and what you still need to provide yourself.
Where can I find this?
Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.
Where can I find this?
Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.
Where can I find this?
Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.
Where can I find this?
Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.
Where can I find this?
Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.
These check marks only remain on the opened page and are not sent to the office.
Open the checklist: ready, need help or not applicableWhat does the notaire do and investigate?
- Which assets and liabilities become joint?
- Who manages this property and how are the creditors affected?
- How does this fit with the existing separation of property?
- What happens upon divorce and death?
We agree on which searches the office will conduct and which information you, your bank or another expert will provide.
What should I pay attention to before I sign?
Check the boundaries, powers, debts and division. The name of the arrangement does not yet specify precisely what protection your text provides.
Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.
What else must I arrange afterwards?
Keep proof of later contributions and payments. Ensure new purchases fit within the agreed arrangement.
Which practical tips can help me?
Request examples with your home and business to see what remains separate and what is shared.
What do these words mean?
- TIGV
- added internal joint property, an agreed joint property within separation of property.
- Management
- who may make decisions about the involved assets.
Where can I find more explanation or help?
You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.
We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.
Ask your question to the officeMake an AppointmentDrawing up a marriage contractGeneral explanation for your preparation. The rules and documents that apply to you are determined based on your file.
On this page
TIGV in plain language
01
In separation of property, you create an additional common part for certain assets.
TIGV stands for toegevoegd intern gemeenschappelijk vermogen, or added internal joint estate. Think of two separate cupboards alongside one shared cupboard. In your marriage contract you agree on what goes into that shared cupboard and which rules apply. The rest does not become joint property as a result.
Where does this protection end?
Owning half of a home together in itself does not create a TIGV. A TIGV does not automatically give the surviving spouse everything; appropriate agreements are needed. It is not a general protection against creditors.
Relate it to your life: What do you truly want to create together and what do you want to consciously keep individual?
A joint part within separation of property
02
TIGV means added internal joint estate. The abbreviation sounds complicated, but the idea is clear: you basically keep your assets separate and create an additional common part for certain goods. The marriage contract determines which goods and rules apply.
Think of two individual cupboards and one shared cupboard besides them. Not everything moves into the shared cupboard: you specify what goes in. This comparison helps to understand the idea, but the deed determines the legal effect, including towards creditors. A TIGV is not a separate company nor a general protection against debts.
A home owned jointly at fifty percent is not by that alone a TIGV. Shared ownership of a single asset and a common marital estate are distinct arrangements. The correct description is important for division, provisions for the survivor, and taxes.
What is divided upon divorce?
03
In a pure separation of property regime, each spouse keeps their own assets. For the added common part, the agreements in your marriage contract apply within legal limits. Have it explained which goods are included, who receives what value, and whether a contributor can reclaim anything.
You cannot at the same time assume that an asset is fully joint for protection upon death and remains fully individual upon separation. If you want different consequences, they must be properly worked out. Later repayments, investments, and value changes can also result in settlements.
A hypothetical example: one spouse contributes a home and both pay for renovations afterwards. Upon separation, one must consider not only the initial contribution but also what the deed says about reclamation and what happens with the paid renovations. Only the original purchase deed does not provide a full answer.
What could this mean for the surviving partner?
04
The common part is first settled according to the marriage contract. An appropriate arrangement can grant the surviving spouse additional rights or choices. What subsequently belongs to the estate is distributed according to inheritance law and any wills.
A TIGV does not by itself make the surviving spouse owner of everything. A right of choice clause or other allocation clause must actually provide what you wish. The individual's assets outside the added part remain a separate matter.
The tax treatment follows the actual composition and clauses. A favourable decision in another file does not prove your arrangement will yield the same. Particular attention is needed where the boundary between joint estate and personally held assets is considered, especially if a right of accretion clause is contemplated.
What does this mean in your situation?
05
Select your situation. You will find two fictional examples each time. They illustrate which questions matter; your own documents, family and assets will determine the outcome.
YOUR SITUATION
Single
You can be joint owner of an asset with a sister, friend or other person. But a joint arrangement within a marriage contract requires a marriage. Without marriage we make arrangements tailored to your own situation.
Example 1: Can I create a joint part with my sister?
Two single sisters own an apartment together and want clear agreements.
What happens in practice?
The sisters can agree on who uses the apartment, how they share costs, and what happens if one wants to sell. Each has a share in ownership. An added internal joint estate, abbreviated TIGV, is instead an arrangement within a marriage contract. For the sisters we therefore consider their co-ownership and regulate inheritance separately, for example with a will or suitable right of accretion clause.
Example 2: I will marry later. Can my current home be included?
A single owner contemplates marriage under separation of property.
What happens in practice?
The owner can agree at marriage that the home falls under an additional common part while other assets remain separate. This part is called an added internal joint estate or TIGV. Including the home changes property rights. Therefore it must be clear in advance what the other spouse receives and what happens with the home and loan upon separation or death.
What does this mean for your choice?
A future wish does not make the additional common part in your marriage contract effective today.
To pause and consider
Do you want to manage together, be co-owners, or primarily protect someone upon death?
YOUR SITUATION
De facto cohabiting
Cohabiting and paying together does not automatically make your assets joint. First we look at who owns what. Then you can specify which costs you share and what happens if your relationship ends.
Example 1: We both pay the loan. Do we have an additional joint estate?
Partners live together and both pay home expenses. The home is in one name.
What happens in practice?
If the home belongs to one partner, the other does not automatically become co-owner by contributing to loan payments. Nor does this create a joint marital estate. The partners must record what the payments mean: sharing living costs, a repayable amount or a conscious gift. If the other wants to be owner, a separate transfer of rights is needed.
Example 2: We each own half of the home.
A couple describe their joint home as a community.
What happens in practice?
If each owns half, they are co-owners of the same home. This does not mean their money and other possessions become joint as well. They can make agreements about use, costs, and sale. For inheritance a separate arrangement is also needed: joint ownership does not automatically give factual partners the right to inherit each other's share.
What does this mean for your choice?
Do not use marriage clauses without checking if they fit your status.
To pause and consider
Who owns the home according to the deed and what has each paid?
YOUR SITUATION
Legal cohabitation
Legal cohabitation offers some protection but is not marriage. For joint ownership, repayment of contributions and inheritance, you should check which separate agreements are necessary.
Example 1: Can our declaration be extended with an additional joint estate?
Legal cohabitants want to treat the property as joint assets of the spouses.
What happens in practice?
The declaration of legal cohabitation grants certain rights and obligations, but it is not a marriage contract. Therefore, an additional joint matrimonial estate cannot simply be added. The partners can however review their current property and protection. If they are considering marriage, we also discuss the consequences for debts, children and a potential divorce.
Example 2: Can we still arrange costs and ownership?
A legally cohabiting couple wants clear agreements about renovations and sale.
What happens in practice?
In a cohabitation agreement you can, for example, set out how renovation costs are shared and what repayment is intended. If you also want to change the ownership of the property, the proper real estate deed is required. An agreement about costs does not automatically mean the partner inherits. That is why we review the property deed, cost agreements and arrangement upon death together.
What does this mean for your choice?
Sharing costs, being the owner and inheriting remain separate questions.
To pause and consider
Which of those three questions do you want to resolve first?
YOUR SITUATION
Married under the statutory regime
Under the legal matrimonial regime there is already joint property. So you do not need to start from scratch to create a joint part. First, we look at which assets are already included and what protection your contract offers.
Example 1: Do we need to add an additional joint estate to our community?
Spouses under the legal regime want to give the surviving partner more choice.
What happens in practice?
Under the legal matrimonial regime there is already joint property. If spouses want to give the surviving partner more choice in that, a suitable option clause can complement the existing community. There does not need to be a newly designated joint part just for that reason. First, we look at what their current contract already regulates and which freedoms are still lacking.
Example 2: Can an inherited house become joint property?
A spouse has an inherited house and wants it to count towards protecting the partner.
What happens in practice?
The inherited house in principle remains the sole property of the heir. By contribution it can be brought into the joint matrimonial estate. That can align with the desired protection of the partner, but also changes what must be divided in case of divorce. Any conditions from a previous gift and the rights of children must therefore also be reviewed.
What does this mean for your choice?
A change of matrimonial regime requires a broader consideration than adding a single asset.
To pause and consider
What is missing from your existing community or your current clauses?
YOUR SITUATION
Married with separation of property
In principle, you can keep your assets separate and still make a joint arrangement for certain goods. For example, only for the family home. Your marriage contract then states which assets are included and which remain separate.
Example 1: We want to protect only our home together.
Each has their own assets. The family home must have a joint arrangement.
What happens in practice?
In their marriage contract, spouses can bring the home under an additional joint part, while other possessions remain separate. This is called an added internal joint estate, abbreviated as TIGV. The contract must then answer ordinary questions: who may sell, who pays the loan, what does the surviving partner get and what happens in case of divorce? The existence of that joint part alone does not answer those questions.
Example 2: One partner contributes much more.
A house comes entirely from one spouse's assets. The other wants protection upon death.
What happens in practice?
Bringing one’s own home under a joint arrangement gives more than a name to a document: the rights to the assets change. If you want to reclaim something upon divorce, this must be properly agreed. Separate provisions determine what the surviving partner receives upon death. Also, money that both later invest in repayments or renovations can give rise to an accounting.
What does this mean for your choice?
If the surviving partner receives more than half of the involved joint estate, this may entail inheritance tax. Therefore, ask which rights the partner receives and what the tax on that concrete choice is. A joint arrangement in itself does not grant a tax exemption.
To pause and consider
Which assets and debts belong in it and which must remain out?
Make the joint part concrete
06
- Name the assets
Avoid just the abbreviation. For example, specify the house, a designated account or other precisely defined assets.
- Describe both endpoints
Ask what you get back in case of divorce and what the surviving partner receives upon death.
- Follow up later changes
Have assessed what a sale, reinvestment or new loan does to the agreed joint part.
- Review all deeds together
Include the marriage contract, amendments, purchase deeds and existing wills.
What do I ask the notaire?
07
You do not need to memorise these terms. Bring the questions that suit you. Feel free to ask to see the answer with your own home, your money and the people you want to protect.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
What changes to my home if we include it in a joint part?
Ask who receives which rights. Only mentioning the abbreviation TIGV is no explanation of the consequences.
Which assets remain entirely outside our joint agreement?
Specify house, savings, investments and debts separately.
What do I get back in case of divorce, and what still needs to be settled?
Also consider repayments and renovations that are later paid with joint money.
What does my partner receive if I die first, and what if my partner dies first?
Explain both situations based on your own assets, children and wishes.
The details that make a difference.
FOR THOSE WHO WANT TO READ FURTHER
View the conditions, possible variants and legal basis for your question.
What is a TIGV?
TIGV stands for added internal joint property. You maintain the system of separation of property, but bring certain assets under an additional joint section. Think, for example, of a house you want to protect together.
You agree which assets and debts are in that joint part. It must also be clear who manages them and what happens to them upon divorce or death. The word “internal” does not mean creditors can never access it.
Source: Art. 2.3.1 and 2.3.64 BW.
Can I also make arrangements for divorce or death?
First determine why you want to include an asset in the TIGV. Then a choice clause can define the possibilities of the surviving spouse. A retrieval clause for divorce must be separately coordinated.
Other own or simply undivided assets remain outside the TIGV unless the deed provides otherwise. A clause for those assets can therefore have a different civil and fiscal assessment.
Does it matter for tax how we own property together?
| Assets to which the arrangement applies | Point to note |
|---|---|
| Assets in the TIGV | If the surviving spouse receives more than half of this joint property upon death, inheritance tax may be due on the additional part. Article 2.7.1.0.4 VCF specifies when this rule applies. |
| Simply undivided assets outside the TIGV | Sometimes the surviving spouse gains an advantage based on the marriage contract. The tax depends then on the legal effect of that agreement. Owning a share each is not the same situation as a joint matrimonial property. |
| Non-undivided own assets | An agreement granting the partner rights to your own assets does not create joint property. It must be examined how ownership transfers and whether registration tax is due on that transfer. |
VB 25107 of 17 November 2025, published on 14 January 2026, explicitly makes this distinction (marginal numbers 79–87). The decision allows the family home exemption as long as conditions are met. It does not contain a general exemption for everything included in a TIGV.
Source: Example 25107: TIGV and other matrimonial benefits, published 14 January 2026.
No sales or division duty is due for movable assets outside a community. For real estate under an appropriate survivorship or allocation clause, the general rules on sales or division duty may apply. VB 24016 illustrates that for the same title in undivided ownership (you jointly own the same asset, each with a share) division duty may apply; for a third party purchaser sales duty may apply. This is not the regime of a right of accrual clause.
Source: VB 24016, marginal numbers 25–39.
Can a right of accrual clause apply to the same assets?
Owning together can legally mean different things. First it must be clear how you own the assets. Only then can you know which arrangements are possible.
In VB 26016 of 21 April 2026, published on 28 May 2026, VLABEL did not accept the proposed right of accrual clause because it related to acquisitions of joint property. The applicants' description as an undivided half-share did not change that assessment (marginal numbers 16–17).
Source: VB 26016: accrual and community property, published 28 May 2026.
On what does the validity of my arrangement depend?
Article 2.3.64 BW allows compatible additions and declares articles 2.3.57 to 2.3.60 BW correspondingly applicable. The choice must remain coherent with the system and the protection of children.
VLABEL assesses fiscal consequences. In VB 25107 the service makes no decision on the civil validity or property law effect of the proposed matrimonial benefits (marginal numbers 77–78). A favourable fiscal opinion therefore does not prove your arrangement is legally valid.
Source: Civil Code, Book 2, Title 3: property regimes between spouses.
Source: Example 25107: TIGV and other matrimonial benefits, published 14 January 2026.
Frequently Asked Questions
FROM READING TO PREPARATION
Already a first answer.
Must I first find all the documents?
You can already ask your question with what you have. Note which agreements you remember and what has changed since. Using the checklist on this page, you can see what to gather and what still needs to be discussed with the office.
How do I prepare a conversation with my relatives?
First explain what you want to achieve or avoid. Give everyone space to express expectations and practical limits. Note what you agree on and which questions remain open, so that the conversation also takes into account who bears the consequences.
What if I am unsure between different solutions?
Write down for each option what you hope to achieve and what you do not yet understand. Bring existing documents. The consultation is meant to compare possibilities and consequences with your own situation before making a choice.
EASY PREPARATION
Your checklist: added internal joint estate
Which documents do you prepare, where do you find them and when can the office assist? Indicate what you have and where you need support.
Useful websites on this topic
RELIABLE CONTINUED READING
FROM FIRST QUESTION TO NEXT STEP
You do not have to figure it out alone.
First your situation
Explain what is happening, who is involved and what you want to avoid.
Weighing possibilities
We discuss your questions, the available documents and the consequences of possible choices.
Your Next Step
We record what you want to have prepared and what follow-up is appropriate.
You save this for your own consultation. The office does not receive anything via this button.