In a community of property, partners share their assets and financial obligations. In the Netherlands, since 2018, the limited community of property applies as the default without marriage settlement agreements.
Limited Community of Property (from 2018)
If you enter into marriage without specific arrangements, the limited community automatically applies:
- Personal assets: possessions from before the marriage
- Personal assets: received inheritances or gifts (unless otherwise stipulated)
- Joint: everything built up during the marriage
- Joint: debts incurred during the marriage
Full Community (before 2018)
For marriages entered into before 1 January 2018, the universal community of property often applies:
- All assets are joint
- Including assets from before the marriage
- Including inheritances and gifts
- All debts are shared
Impact of Community of Property
| Circumstance | Result |
|---|---|
| Purchases | Automatically joint ownership |
| Financial obligations | Both partners responsible |
| Divorce | Division fifty-fifty |
| Death | Half to the surviving partner |
Debts within the Community
Be alert: in a community of property, you are also responsible for your partner's debts incurred during the marriage. This includes:
- Expenditures for the household
- Business debts (in full community)
Frequently Asked Questions about Community of Property
Can I still opt for a full community?
Yes, through marriage settlement agreements, you can still establish a universal community.
How do I prove what my private assets are?
Keep bank statements, title deeds, and other documents from before the marriage in good order. The burden of proof lies with the person claiming that something is private.
Can an inheritance still be shared in the community?
Yes, if the testator has explicitly determined this with an inclusion clause in the will.
Additional Information for Westland
For legal support in Westland, you can go to the Juridisch Loket Westland. For cases that go to court, Westland falls under the District Court of The Hague.