In a community of property, partners share their assets and debts. In the Netherlands, since 2018, the limited community of property applies if no marriage settlement has been drawn up.
Limited Community (from 2018)
If you enter into marriage without specific arrangements, the limited community of property applies:
- Personal assets: possessions from before the marriage
- Personal assets: inheritances or gifts received (unless otherwise stipulated)
- Joint: everything acquired during the marriage
- Joint: debts incurred during the marriage
Full Community (before 2018)
For marriages entered into before 1 January 2018, the universal community of property often applies:
- All assets are joint
- Including assets from before the marriage
- Inheritances and gifts fall into it
- All debts are shared
Effects of Community of Property
| Circumstance | Result |
|---|---|
| Purchases | Automatically belong to both |
| Debts | Both partners are responsible |
| Divorce | Division fifty-fifty |
| Death | Half goes to the surviving partner |
Debts within the Community
Be alert: in a community, you are also responsible for debts that your partner incurs during the marriage. This includes:
- Debts for household expenses
- Business debts (in full community)
Frequently Asked Questions about Community of Property
Is it possible to opt for a full community?
Yes, through marriage settlement terms, you can still opt for a universal community.
How do I prove that something is my private property?
Keep documents such as bank statements and deeds from before the marriage carefully. You must prove that something is private.
Can an inheritance still become joint?
Yes, if the testator has explicitly stipulated this in the will with an inclusion clause.
Information and Assistance in Leiden
For legal advice, you can go to the Juridisch Loket Leiden at Stationsweg 46. For matters at the court, you can contact Rechtbank Den Haag, location Leiden.
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