In a community of property, spouses share their assets and debts. In the Netherlands, since 2018, the limited community is the norm if you do not draw up marriage conditions.
Limited Community since 2018
If you marry without specific agreements, the limited community of property applies automatically:
- Private property: everything you owned before the marriage
- Private property: inheritances or gifts received (unless otherwise stipulated)
- Joint: assets built up during the marriage
- Joint: debts incurred during the marriage
Full Community before 2018
For marriages entered into before 1 January 2018, the general community of property often applies:
- All assets are joint
- Including assets owned before the marriage
- Inheritances and gifts are also included
- All debts are shared
Effects of Community of Property
| Circumstance | Result |
|---|---|
| Purchases | Automatically belong to both |
| Debt burden | 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 your partner's debts incurred during the marriage. This includes, among other things:
- Expenses for the household
- Business debts (in the case of full community)
Frequently Asked Questions about Community of Property
Is it possible to opt for a full community?
Yes, through marriage conditions, you can still establish a general community.
How do I prove that something is private property?
Keep documentation such as bank statements and deeds from before the marriage. You must prove that something is private.
Can an inheritance fall into the community?
Yes, if the testator has explicitly determined this via an inclusion clause in the will.
Practical Information for Utrecht
For legal assistance or advice in Utrecht, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht