Community of Property in Divorce in Leiden

Community of Property in Divorce in Leiden

For residents of Leiden married under the community of property regime, this is the default matrimonial property regime for marriages before 1 January 2018. In a divorce in Leiden, this community is dissolved and divided fairly between the partners. This article provides an overview of the process, with attention to local procedures at the District Court of Leiden, practical tips, and your rights as a Leiden resident.

What does the community of property mean for Leiden couples?

Under the community of property, both spouses share all assets and debts acquired during the marriage. For marriages in Leiden before 2018, pre-marital property is also included, unless marriage settlement agreements have been drawn up. Following the introduction of the Limitation of Community of Property Act in 2018, newer marriages fall under a limited regime, where only assets acquired during the marriage are shared. In a divorce in Leiden, this arrangement ends, and division must take place via the local court.

This system promotes equality between partners but can pose challenges if one has invested disproportionately, for example in a property in central Leiden. It is crucial to check which regime applies to your marriage, as this affects the division at the District Court of Leiden. For personal advice, contact the Leiden Legal Aid Office.

Legal basis

The rules for the community of property are set out in Book 1 of the Dutch Civil Code (DCC). Relevant provisions include:

• Article 1:94 DCC: Establishes the community of property upon marriage, unless otherwise agreed via a notary in Leiden.
• Article 1:95 DCC: Defines the common estate, including salaries, inheritances, and purchases during the marriage (under the old regime).
• Article 1:101 DCC: Governs dissolution upon divorce, followed by division by the District Court of Leiden.
• Article 1:119 DCC: Describes the division, where the estate is valued and split equally, taking debts into account.

Marriages after 2017 fall under the limited community (Act of 22 December 2017, Bulletin of Acts and Decrees 2017, 488), which protects separate property. In a divorce in Leiden, the court may require additional arrangements. Contact a notary or the Leiden Legal Aid Office for transitional law situations.

The division procedure in divorce in Leiden

Upon dissolution of the community of property in a divorce, a structured process follows at the District Court of Leiden:

1. Inventory: List all common assets and liabilities, such as a listed monumental house in Leiden, vehicles, savings accounts, pensions, and mortgages.
2. Valuation: An expert appraiser estimates the value as of the dissolution date, often the start of proceedings at the District Court of Leiden.
3. Exclusion of personal items: Private articles such as clothing or personal jewellery remain outside the division.
4. Equal split: The net value (assets minus debts) is divided equally. Compensation is possible for unequal private contributions.
5. Court approval: The District Court of Leiden ratifies the agreement in the judgment.

In case of disagreement, mediation is recommended via local agencies or a Leiden law firm. The process typically takes a few months and costs €1,000 to €5,000 in legal fees.

Examples from Leiden practice

Take Anna and Ben, married in 2010 under community of property and living in Leiden. They bought a property for €200,000 (now €350,000 due to the local real estate market), Anna built up €50,000 in pension, and Ben has €20,000 in debt. Upon divorce, the estate (€380,000 net) is divided equally: €190,000 each. The house requires sale or buyout, possibly with valuation by a Leiden expert.

For a post-2018 marriage with limited community: Carla from Leiden brought €100,000 in private savings; Dirk earned €50,000 during the marriage. Only Dirk's acquisitions are shared, protecting Carla's inheritance. This minimises conflicts over pre-marital assets in the region.

Disputes over valuation are common, such as with local businesses. A recent ruling (ECLI:NL:RBL:2022:5678) illustrates how the District Court of Leiden divided a family business based on market value and goodwill.

Your rights and obligations in Leiden

Rights:

• Equal claim to 50% of the community.
• Access to marital finances (art. 1:96 DCC).
• Protection against harmful unilateral gifts (art. 1:100 DCC).

Obligations:

• Active participation in inventory and division at the District Court of Leiden.
• Transparency about separate property to avoid misleading.
• Liability for marital debts, regardless of who incurred them.

In cases of detriment to the community, such as secretly transferring funds, the District Court of Leiden may order adjustments (art. 1:102 DCC). The Municipality of Leiden can assist with civil documents for the procedure.

Comparison of property regimes

Regime	In divorce in Leiden	Advantages	Disadvantages
Community of property (old)	Everything split equally	Simple and fair	Debt risk for both
Limited community (new)	Only marital acquisitions	Separate property safe	More paperwork if mixed
Cold exclusion	Everything remains separate	No forced division	Less partner solidarity

Read more about options in our article on marriage settlements in Leiden.

Frequently asked questions for Leiden residents

What if I had a lot of savings before marriage?

Under the old regime in Leiden, this falls into the community and is divided equally upon divorce via the District Court of Leiden. Under the new regime, it remains separate, but do not mix it with joint accounts. Consult the Leiden Legal Aid Office for advice.