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Universal Community of Property in Den Haag

Universal community of property in Den Haag: everything shared in marriage. Local tips via Den Haag Legal Aid Office and Den Haag District Court. (118 characters)

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Universal Community of Property in Den Haag

For couples in Den Haag, the universal community of property offers a matrimonial property regime in which all assets and liabilities of both partners merge into one joint estate. This covers past possessions, such as inheritances or gifts, as well as anything acquired during the marriage. Unlike the standard limited community of property since 2018, this regime must be explicitly selected through a notarial deed with a civil-law notary in Den Haag.

Legal Basis

Family law governing marriages is laid down in Book 1 of the Civil Code (CC), particularly Title 5.5 (Articles 1:93 to 1:127 CC). Article 1:94(1) CC defines the universal community of property as a regime in which everything forms part of the community, except for items excluded by agreement. Prior to 1 January 2018, this was the default in the Netherlands, including Den Haag. Following the Act Limiting the Statutory Community of Property (2017), the limited version is now standard, but couples in Den Haag can switch to this regime via a notarial deed (Article 1:93 CC).

What Forms Part of the Community in Den Haag?

Under this regime, everything enters the joint estate, which is particularly relevant in Den Haag's expensive real estate market in areas like the city centre or Scheveningen. This includes:

  • Pre-marital assets;
  • Inheritances and legacies, unless subject to an exclusion clause;
  • Salary, state pensions and business capital;
  • Debts such as mortgages or personal loans.

There is no separate property, unless agreed otherwise by contract, for example for a business in Den Haag.

Differences with Other Regimes

The universal community of property differs from common alternatives. Overview:

Matrimonial Property RegimePre-marital AssetsInheritances/GiftsDebts
Universal CommunityJointJoint (unless clause)Joint
Limited Community (default)PrivatePrivatePrivate, except matrimonial debts
Complete SeparationPrivatePrivatePrivate

Read more about the standard community of property in our article.

Rights and Obligations for Spouses in Den Haag

Rights:

  • Equal management rights over the estate (Article 1:99 CC);
  • No unilateral disposal of major assets, such as a home in Den Haag (Article 1:100 CC);
  • Upon termination: equal division after settlement.

Obligations:

  1. Transparency regarding finances (Article 1:101 CC);
  2. Prudent management as a good householder;
  3. Both spouses bear joint and several liability for debts.

Practice Cases from Den Haag

Case 1: Inheritance. Sophie from the Zeeheldenkwartier inherits €250,000. It enters the joint estate with her husband Tom. Divorce? Equal split, unless an exclusion clause applies.

Case 2: Business. Mark runs a café in Den Haag city centre with his wife Eva. Profits and risks are shared; bankruptcy could lead to seizure of their apartment.

Case 3: Property. Lisa brings a house in Benoordenhout (€550,000) into the marriage. It becomes joint property, but divorce allows for equalisation.

These Den Haag examples highlight the risks when contributions are unequal.

Termination and Division

Dissolution upon divorce (Article 1:112 CC) or death ends the community. Steps at the Den Haag District Court:

  1. Estate inventory;
  2. Settlement of contributions;
  3. List division or public auction;
  4. Decision by notary or court.

Costs: notary €500-€2000, plus legal fees.

Frequently Asked Questions

Do we need to arrange an agreement for universal community in Den Haag?

Yes, it is no longer the default since 2018. A notarial deed is required (€400-€800). Otherwise, limited community applies. Check the Den Haag Legal Aid Office for initial advice.

Problems with one partner's debts?

Everything is joint, so joint and several liability applies. Exclude student loans in advance via an agreement.

Can it be adjusted midway?

Yes, via notarial amendment (Article 1:93(3) CC). Useful for families with children or a Den Haag startup.

Does it apply to partnerships?

Yes, identical rules (Article 1:80 CC). Register deliberately at the Den Haag Municipality.

Tips for Den Haag

Opt for universal community of property only with complete trust and equal partnership. Alternatives:

For advice: Den Haag Legal Aid Office or local attorneys. More: division of assets upon divorce and prenuptial agreements.

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