Limited Community of Property in Leiden
For residents of Leiden, the limited community of property has been the default matrimonial property regime in the Netherlands since January 1, 2018. Under this regime, spouses share only the assets built up during the marriage, while private assets such as inheritances and gifts remain excluded. This protects personal property and prevents one partner's debts from affecting the other in Leiden. Marriages before 2018 often still fall under the old regime, unless modified via the District Court of Leiden or a notary.
What does the limited community of property mean for Leiden residents?
The limited community of property applies automatically to marriages or registered partnerships in Leiden, unless you arrange prenuptial agreements with a notary. Unlike the former full community regime, where all assets were shared, this system clearly separates private and community property. The aim is to promote financial independence and minimize risks, for example with family inheritances in the Leiden region.
In practice, partners in Leiden retain their pre-marital assets and debts, plus any privately acquired assets later. Only income and joint investments during the marriage, such as salary from a job at a Leiden-based company, enter the community. This regime ensures greater fairness and clarity, especially in divorces handled by the District Court of Leiden or upon death.
Legal basis
The limited community of property is regulated in Book 1 of the Civil Code (CC), articles 1:94 to 1:103. The Act Limiting the Statutory Community of Property entered into force on January 1, 2018, replacing the old full community regime from 1838.
Key articles include:
- Article 1:94 CC: Limits the community to assets from labor or joint efforts during the marriage.
- Article 1:95 CC: Excludes private assets, such as inheritances, gifts, and targeted exclusions.
- Article 1:100 CC: Determines the division upon dissolution of the marriage, separating community and private property.
Differences with full community of property
To understand the limited community of property, compare it to the old full regime. Here's an overview:
| Aspect | Limited community (since 2018) | Full community (pre-2018) |
|---|---|---|
| Assets during marriage | Only from labor or joint efforts; private remains private | All assets in community, including pre-marital |
| Inheritances and gifts | Remain private | In community, unless excluded |
| Debts | Private for one partner; shared if community | All debts community |
| Divorce | Community 50/50; private separate, via District Court of Leiden | Full mingling, complex disentanglement |
This change makes it fairer for Leiden residents in various situations. For info on the old regime, see our article on Community of Property.
Practical examples for Leiden
Suppose Anna and Bob marry in 2020 at the Pieterskerk in Leiden without agreements, so under limited community. Anna inherits €100,000 from family in the region. This remains private, even if invested in a city-center home. The mortgage on it, taken during marriage, is community property.
Bob receives a €10,000 bonus from his job at a Leiden university. This enters the community and is split equally on divorce. His old student debt remains private; Anna bears no risk.
On divorce after 10 years: Their €50,000 savings account from earnings is split 50/50 at the District Court of Leiden. Anna's inheritance and Bob's pension remain private, if properly documented via the Municipality of Leiden.
Rights and obligations in the limited community for Leiden residents
Under this regime, partners in Leiden have clear rights and duties:
- Right to half of community: On divorce or death, 50% of community assets, handled by District Court of Leiden.
- Duty to inform: Disclose transactions involving community assets, such as selling a car (art. 1:97 CC).
- Private protection: Manage private assets independently; debts stay private.
- Equal contribution: Both partners contribute to the community, e.g., via income from local jobs.