Universal Community of Property
For residents of Utrecht who choose the universal community of property as their matrimonial property regime, all assets and debts of both partners form a joint estate. This covers everything: from pre-marital property to inheritances and gifts. Unlike the standard limited community of property since 2018, this requires a deliberate choice through a marital property agreement with a notary in Utrecht.
Legal Basis
Family law governing marriages is set out in Book 1 of the Civil Code (CC), Title 5.5 (Articles 1:93 to 1:127 CC). Article 1:94(1) CC defines the universal community of property: all assets and obligations belong to the community, except where explicitly excluded in the agreement.
Before January 1, 2018, this was the default; following the Act Limiting the Statutory Community of Property (2017), the limited version became standard. Residents of Utrecht can opt for this via a notarial deed (Article 1:93 CC).
What Forms Part of the Universal Community?
Everything forms one joint estate, including:
- Pre-marital assets;
- Inheritances and gifts, unless subject to an exclusion clause;
- Income, benefits, and business assets;
- Debts such as student loans or gambling obligations.
No private property exists, unless contractually agreed, for example for a business in Utrecht.
Differences with Other Regimes
The universal community of property differs from alternatives. Comparison:
| Matrimonial Property Regime | Pre-marital Assets | Inheritances/Gifts | Debts |
|---|---|---|---|
| Universal Community | Joint | Joint (unless clause) | Joint |
| Limited Community (standard) | Private | Private | Private, except marital debts |
| Total Exclusion | Private | Private | Private |
Read more about the standard community of property in our in-depth article.
Rights and Obligations for Residents of Utrecht
Rights:
- Equal management rights over the estate (Article 1:99 CC);
- No unilateral disposal above certain limits, such as for a home purchase (Article 1:100 CC);
- Upon termination (divorce or death), equal division after settlement.
Obligations:
- Transparency regarding finances (Article 1:101 CC);
- Prudent management as a good householder;
- Both partners bear personal liability for debts.
Practical Examples from Utrecht
Example 1: Inheritance. Utrecht resident Anna inherits €250,000 from her family. It enters the joint estate and is shared with partner Ben upon divorce, unless an exclusion clause applied.
Example 2: Business. Karel runs a startup in Utrecht's Merwedestraat with Lisa. The business is joint: profits and risks are shared. Bankruptcy could lead to seizure of their home in Kanaleneiland.
Example 3: Family Home. Marie brings a house in Oudwijk (valued at €550,000) into the marriage. It becomes joint, but upon dissolution, a settlement clause may provide compensation.
These cases highlight the risks, especially with unequal contributions in Utrecht.
Dissolution and Division at Utrecht District Court
The community ends upon divorce (Article 1:112 CC) or death. Steps:
- Estate inventory;
- Settlement of contributions;
- Division key or auction in case of dispute;
- Decision by notary or Utrecht District Court.
Costs: notary €500-€2000; in disputes, additional fees for a lawyer at Utrecht District Court.
Frequently Asked Questions
Do residents of Utrecht need to arrange an agreement for universal community?
Yes, it is no longer standard since 2018. A notarial deed is required (€400-€800). Otherwise, limited community applies. Check Het Juridisch Loket Utrecht for free advice.
What if one partner has debts?
Debts are joint, so joint and several liability applies. Exclude them upfront, e.g., student loans, via an agreement.
Can it be changed midway?
Yes, via notary (Article 1:93(3) CC). Useful for families with children or a startup in Utrecht.
Does it apply to partnerships?
Yes, same rules (Article 1:80 CC). Choose consciously upon registration at the Municipality of Utrecht.
Tips for Residents of Utrecht
Opt for universal community of property only with full trust and equal partnership. Otherwise:
- Seek advice from a notary or Het Juridisch Loket Utrecht;
- Include clauses for businesses or inheritances;
- Draft a will for estates;
- See marital property agreements.
Need personal advice? Contact Het Juridisch Loket Utrecht. Related: asset division upon divorce and prenuptial agreements.
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