Limited Community of Property in Westland
For residents of Westland, the limited community of property is the default matrimonial property regime for marriages and registered partnerships entered into after January 1, 2018. Only assets acquired during the marriage, such as income from local greenhouse horticulture or other employment, fall into the community. Pre-marital assets, inheritances from family businesses, and gifts remain private, offering extra protection in divorces at the Westland District Court or upon death.
Legal Basis
This regime is set out in Book 1 of the Dutch Civil Code (DCC), Articles 1:93 to 1:104. Since 2018, it applies automatically to new marriages in the Municipality of Westland, unless you opt for a matrimonial property agreement with the registrar or notary. Marriages before 2018 transitioned under the transitional provision (Art. 1:88(2) DCC), but check this with the Juridisch Loket Westland.
What Belongs to the Community?
In Westland, the limited community includes only:
- Salaries, bonuses, and proceeds from work during the marriage, e.g., from greenhouse horticulture.
- Purchases made with joint funds, such as a home in 's-Gravenzande financed with marital income.
- Debts for joint expenses, such as a mortgage on a family home.
The community begins at the exchange of vows in the Municipality of Westland and ends upon divorce, death, or change of regime.
What Remains Private?
Westland entrepreneurs benefit especially: the following stay private
- Assets and debts existing before the marriage.
- Inheritances and gifts, even during the marriage, such as a business takeover.
- Proceeds from private assets, e.g., interest on an inheritance.
- Pensions accrued before the marriage.
Proper bookkeeping is essential to avoid disputes at the Westland District Court.
Rights and Obligations
Spouses share equally in the community: 50/50 upon dissolution. Obligations:
- Co-management: Both manage and divide it (Art. 1:97 DCC).
- Transparency: Disclose accounts for community assets.
- Consent: Agreement required for major decisions, such as selling a greenhouse.
For debts, both spouses are jointly and severally liable for community obligations.
Westland Practice Examples
Example 1: Marie from Naaldwijk and Piet from Poeldijk marry in 2021 without conditions. Marie inherits a horticultural plot worth €150,000: purely private. Their savings from salaries are community property.
Example 2: Jan from Kwintsheul owned a business property with a loan before marriage. It remains private, but repayments with marital funds make that portion community property (Art. 1:95 DCC).
Example 3: In a 2024 divorce at the Westland District Court: jointly purchased home divided, private inheritance untouched.
Comparison of Property Regimes
| Regime | Community | Private Assets | Application |
|---|---|---|---|
| Limited community | Only marital acquisitions | Pre-marital, inheritances, gifts | Default since 2018 in Westland |
| Full community | Almost everything | Very limited | Pre-2018 (unless conditions) |
| Complete exclusion | Nothing | Everything private | Via notary |
Read more about division upon divorce at the Westland District Court.
Frequently Asked Questions
I married before 2018 in Westland, what now?
Transitional provision applies: limited community from 2018. Have your documents reviewed by a notary or the Juridisch Loket Westland and adjust if needed.
Do I need a matrimonial property agreement?
Not always, but wise for Westland entrepreneurs with their own greenhouses. Seek advice from the Juridisch Loket Westland.
How does the Westland District Court divide the community?
The judge or mediator splits it 50/50 after inventory. Private assets stay out.
Does this apply to cohabitants in Westland?
No, only marriages and registered partnerships. Cohabitants: arrange via notary contract.
Tips for Westlanders
Avoid hassle:
- Draft matrimonial property agreements with a notary, especially for horticultural businesses.
- Separate accounts: private vs. community.
- Keep proof of inheritances/gifts with statements.
- Prepare a divorce settlement agreement for smooth resolution at the Westland District Court.
- Contact the Juridisch Loket Westland for free advice if unsure.
More info: Matrimonial Property Agreements, Division upon Divorce, Partnership Property.