Limited Community of Property in Utrecht
For marriages and registered partnerships solemnised in Utrecht after 1 January 2018, the limited community of property applies as the default regime. Only assets built up during the marriage form part of the community, while pre-marital possessions, inheritances and gifts remain private. This offers extra protection for Utrecht residents in the event of divorce or death, for example through proceedings at the District Court of Utrecht.
Legal Basis
This regime is set out in Book 1 of the Civil Code (DCC), articles 1:93 to 1:104. Since 1 January 2018, it applies automatically to marriages in Utrecht, unless partners choose a matrimonial property agreement via a notary. Pre-2018 marriages have transitioned to this regime under the transitional provision in article 1:88(2) DCC. In Utrecht, you can arrange adjustments with a local notary.
What Forms Part of the Community?
Under the limited community of property, only the following are included:
- Salaries, bonuses and other income from employment during the marriage.
- Assets purchased with joint funds, such as a home in Utrecht financed from marital income.
- Debts incurred for joint expenses, for example a mortgage on a house in the city.
The community begins upon solemnisation of the marriage at the Municipality of Utrecht and ends upon divorce, death or change of regime.
What Remains Private?
Unlike older regimes, much stays outside the community, including:
- Assets and debts existing at the start of the marriage.
- Inheritances and gifts received during the marriage.
- Income from private assets, such as interest on an inheritance.
- Pensions accrued before the marriage.
Utrecht residents are advised to keep private assets separately documented to avoid disputes at the District Court of Utrecht.
Rights and Obligations
Spouses share equally in the community: upon division, each receives 50%. Key obligations include:
- Cooperation: Both must contribute to management and settlement (art. 1:97 DCC).
- Transparency: Documents relating to joint assets must be accessible.
- Consent required: Major decisions, such as selling a joint home in Utrecht, require agreement from both.
Joint debts attract joint and several liability.
Practical Examples from Utrecht
Example 1: Anna and Bert marry in 2020 at the Municipality of Utrecht without conditions. Anna inherits €100,000; this remains private. Their joint savings account from salaries forms part of the community.
Example 2: Karel owns a house in Utrecht-Noord with a mortgage before marriage. This remains private, but repayments from salary make that portion communal (art. 1:95 DCC).
Example 3: Upon divorce in 2023 at the District Court of Utrecht: the house bought during the marriage is divided 50/50, private inheritances are not.
Comparison of Property Regimes
| Regime | Community | Private Assets | Application |
|---|---|---|---|
| Limited community | Only built up during marriage | Pre-marital, inheritances, gifts | Default since 2018 in Utrecht |
| Full community | Almost everything | Very limited | Pre-2018 (unless conditions) |
| Strict separation | Nothing | Everything private | Via notarial agreement |
Read more about division in our article Division upon Divorce in Utrecht.
Frequently Asked Questions
What if I married in Utrecht before 2018?
The transitional regime applies: limited community from 2018. Check your situation at Juridisch Loket Utrecht or a notary for changes.
Do I need a matrimonial property agreement?
Not always, but yes for unequal assets, such as Utrecht entrepreneurs. Consult a notary.
How does the District Court of Utrecht divide the community?
The judge or mediator divides 50/50 after inventory. Private assets remain separate.
Does this apply to cohabitants in Utrecht?
No, only married couples and partners. Cohabitants have no automatic community; draw up a contract.
Tips for Utrecht Residents
Avoid hassle by:
- Drafting a matrimonial property agreement with a notary if your situation doesn't fit, e.g. with a business in Utrecht.
- Separating private and joint finances with dedicated accounts.
- Documenting inheritances/gifts with statements.
- Considering a divorce settlement for smooth handling at the District Court of Utrecht.
- Seeking advice from Juridisch Loket Utrecht for free help or a family law attorney.
Related: Matrimonial Property Agreements Utrecht, Division upon Divorce, Partnership Property.