Vergoedingen in het Nederlandse huwelijksvermogensrecht

Spouses by no means always strictly separate their own assets from the other's assets and their common assets. For example, one spouse may use common assets to pay his or her own debts or buy a car with the other spouse's money, pay all or part of the purchase price of a house or pay for renovations to that house. In these and other cases, shifts of property can occur back and forth between spouses. If there is a good reason for that shift of property, it need not be corrected. It may be different if there is no ground for the asset shift. General property law has several solutions for countering or correcting unjustified shifts of property. These are the figure of proprietary substitution and the action for unjust enrichment. Things are slightly different in matrimonial property law. If there is no ground for a shift of property between the spouses, obligations to compensate arise. These compensations have recently received a lot of attention in case law and the law. In this study, a general rule was sought and found that can be applied to all compensations and provides a handy benchmark for legal practice. In addition, attention is paid to all kinds of legal aspects of compensation that are important when drawing up prenuptial agreements and the court's assessment of compensation disputes.