Universal Community of Property in Westland
In Westland, opting for the universal community of property means choosing a matrimonial property regime where all assets and debts of both partners are pooled together. This covers everything: from your greenhouse business before marriage to family inheritances. Unlike the standard limited community of property since 2018, this regime must be established through notarized marriage conditions.
Legal Basis
Family law for marriages is governed by Book 1 of the Civil Code (BW), Title 5.5 (articles 1:93 to 1:127 BW). Article 1:94(1) BW describes the universal community of property: all assets and debts belong to the community, except for explicit exclusions in the conditions.
Before January 1, 2018, this was the default across the Netherlands, including Westland. Due to the Act Limiting the Statutory Community of Property (2017), the limited version is now standard. However, couples in Westland can still choose universal community at a notary (article 1:93 BW).
What Falls into the Community in Westland?
Everything forms one common estate, such as:
- Pre-marital assets, like your Westland home;
- Inheritances and gifts, unless subject to an exclusion clause;
- Income from horticulture, pensions, and business assets;
- Debts, such as loans for business properties or personal obligations.
There is no private property, unless contractually agreed, for example, for a glasshouse business.
Differences with Other Regimes
The universal community in Westland differs from other options. Overview:
| Property Regime | Pre-Marital Assets | Inheritances/Gifts | Debts |
|---|---|---|---|
| Universal Community | Common | Common (unless clause) | Common |
| Limited Community (standard) | Private | Private | Private, except marital debts |
| Complete Exclusion | Private | Private | Private |
Read more about the standard community of property.
Rights and Obligations for Westland Spouses
Rights:
- Equal authority over the estate (article 1:99 BW);
- No unilateral decisions on major assets, such as your home (article 1:100 BW);
- Upon dissolution: equal division of the estate after settlement.
Obligations:
- Transparency regarding finances (article 1:101 BW);
- Prudent management of common property, as a good householder;
- Both partners bear joint and several liability for debts.
Practical Examples from Westland
Example 1: Family Inheritance. Anna from 's-Gravenzande inherits €200,000. This enters the community and is shared with Ben upon divorce, unless excluded.
Example 2: Horticultural Business. Karel from Naaldwijk starts a glasshouse business with Lisa. Profits and risks are shared; bankruptcy could lead to foreclosure on the home.
Example 3: Westland Home. Marie in Wateringen brings her parental home (€400,000) into the marriage. It becomes shared, but she can claim reimbursement upon divorce.
Particularly relevant in Westland with many family businesses and high real estate prices.
Dissolution and Division
The community ends upon divorce (article 1:112 BW) or death. Steps at the Westland District Court:
- Inventory the estate;
- Settle private contributions;
- Division list or auction;
- Notary or court decides.
Costs: notary €500-€2000, plus lawyer fees in disputes.
FAQs for Westland
Do we need conditions for universal community?
Yes, not standard since 2018. Notarial deed required (€400-€800). Otherwise, limited community applies.
What about one partner's debts?
Common, so joint and several liability. Exclude in advance, e.g., for business loans. Seek advice from Het Juridisch Loket Westland.
Can it be changed midway?
Yes, via notarial amendment (article 1:93(3) BW), useful when starting a business or having children.
Does it apply to partnerships?
Yes, same rules (article 1:80 BW). Check with Gemeente Westland.
Tips for Westlanders
Choose universal community of property only with full trust and equal partnership. Prefer not?
- Consult a notary or Het Juridisch Loket Westland;
- Add clauses for businesses;
- Will for inheritances;
- See marriage conditions.
For advice: Rechtshulp Westland. More: division of assets in divorce and prenuptial agreements. Contact the Westland District Court for proceedings.
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