Can I rent or buy a home on Curacao without my partner's permission?

Buying or renting a home in Curacao is simple for some partners, but many people still have questions. What happens to debts after a partner’s death? Who continues paying the loan or rent after a divorce? Can a partner take out a loan or lease without permission? Let’s answer that last question below.

When do I need my partner's consent?

Whether you need your spouse’s or partner’s permission depends on the type of loan. You need consent from your registered partner or spouse for the following:

• Purchase on installment
• Rental-purchase (you buy the property but pay its value in monthly rent)
• Mortgage on a jointly occupied home

However, installment and hire purchase agreements made for a business or profession do not require spousal consent.

Entering into an agreement without partner information

It is possible to take out a revolving credit or personal loan without your partner. However, spouses must inform each other about their financial matters. Taking a loan may still affect your partner — both registered and married partners automatically share half of the household debt. A “household debt” refers to debts incurred for the common household, such as a revolving credit or personal loan.

Community of goods vs. prenuptial agreement

When you marry in community of property, all debts are combined, and both are fully liable — this is known as joint and several liability. Under a prenuptial agreement, the document defines each partner’s financial responsibilities. You’re typically not liable for debts incurred by your spouse before marriage, but you are jointly responsible for debts created after signing the agreement.

Before signing a rental or purchase agreement, check whether you can or want to do this without your partner. It doesn’t matter if your partner lives or plans to live on Curacao real estate.

For more information on this topic or questions about buying or selling property in Curacao, or how to buy a vacation home in Curacao, contact [email protected]

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