Cold Exclusion in Marriage in Leiden
Cold exclusion is a clause in matrimonial property agreements that guarantees a total separation of spouses' assets. Unlike the standard limited community of property in the Netherlands, all properties, liabilities, and future income remain entirely separate. This offers optimal protection for personal assets, especially relevant for Leiden residents with their own homes or businesses, but requires precise notarial recording.
Legal Basis of Cold Exclusion
Since January 1, 2018, the limited community of property has been the default regime in the Netherlands, as set out in Book 1, Title 7 of the Dutch Civil Code (DCC). Only assets acquired during the marriage fall within it. Leiden residents can opt out using matrimonial property agreements, such as cold exclusion.
Cold exclusion is provided for in Article 1:94(2) DCC: under full exclusion of community, each spouse retains and acquires their own assets, unless otherwise agreed. Unlike 'hot exclusion,' no list of assets is required; it is an automatic, total separation.
The notarial deed must be drawn up before the marriage (or later by amendment) (Article 1:86 DCC). In Leiden, local notaries can handle this procedure.
Differences with Other Property Regimes
Cold exclusion differs significantly from other systems. Overview:
| Property Regime | Description | Advantages and Disadvantages |
|---|---|---|
| Limited community of property (default) | Only assets from the marriage years are shared. | Simple, but risk of mingled debts. |
| Cold exclusion | Total separation without specification. | Excellent protection, but more administration. |
| Hot exclusion | Exclusion with a detailed list of assets. | Flexible, but requires updates. |
| Universal community | Everything shared, including pre-marital assets. | Risky in case of debts. |
Practical Examples of Cold Exclusion in Leiden
Take Anna and Bob from Leiden, who marry under cold exclusion. Anna owns a city-center home worth €350,000 and has €60,000 in savings. Bob takes out a €120,000 loan for his startup in Leiden Bio Science Park. Anna later inherits €250,000 and Bob earns €90,000.
- Anna's home, savings, and inheritance remain private.
- Bob's business and debt are his own risk; Anna is protected.
- In case of Bob's bankruptcy, his debt does not affect Anna's Leiden home.
Or Pieter (local entrepreneur) and Lisa (part-time caregiver): cold exclusion protects Pieter's business for Lisa, but no automatic division upon divorce.
Rights and Obligations under Cold Exclusion
Rights:
- Exclusive control over own assets (Article 1:95 DCC).
- No liability for partner's debts, except joint ones.
- Upon death, private assets go to own heirs.
Obligations:
- Transparency: Carefully document ownership.
- Maintain separation: Use separate accounts for private matters.
- Consent required for home decisions (Article 1:88 DCC).
Exception: Household debts may be recovered from private assets.
Tips for Leiden Residents
Ideal for Leiden entrepreneurs or owners of family homes. Contact Juridisch Loket Leiden for free advice or the Leiden District Court for disputes. Learn more about matrimonial property agreements in Leiden.
- Consult a notary: Mandatory for a valid deed; find a Leiden notary.
- Prepare inventory: For marriage in the Municipality of Leiden.
- Review periodically: Check every 5 years.
- Add a will: Complements Leiden inheritance law.
- Private financing: Mortgage in own name.
See also: Divorce and Asset Division in Leiden, Entrepreneur and Marriage in Leiden.
Frequently Asked Questions
What is the difference between cold and hot exclusion?
Cold exclusion: Full separation without a list. Hot exclusion (Article 1:94(3) DCC): Exclude specific assets. Cold is strict and simple.
Switch to cold exclusion after marriage?
Yes, amend notarially (Article 1:86 DCC). Costs €500-€1500, 2-4 weeks. Notify Municipality of Leiden and Basic Registration.
Upon divorce with cold exclusion?
Retain own assets. No division of private property, but settlement of home contributions (Article 1:100 DCC). Maintenance possible via Leiden District Court.
Is cold exclusion suitable for Leiden residents?
Yes, especially with high house prices and startups. Seek advice from Juridisch Loket Leiden.