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Limited Community of Property in Den Haag

Limited community of property: standard since 2018 for Den Haag. Protects private assets like inheritances at Rechtbank Den Haag. (118 characters)

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Limited Community of Property in Den Haag

For residents of Den Haag, the limited community of property is the default matrimonial property regime for marriages and registered partnerships after January 1, 2018. Only assets acquired during the marriage enter the community, while pre-marital possessions, inheritances, and gifts remain private. This offers extra protection, for example in proceedings at the Rechtbank Den Haag.

Legal Basis

This regime is laid down in Book 1 of the Dutch Civil Code (DCC), articles 1:93 to 1:104. Since 2018, it applies automatically to marriages solemnized in the Municipality of Den Haag, unless you choose matrimonial property agreements or another regime via a notary.

Marriages before 2018 were subject to the full community of property. The legislative change included transitional provisions (art. 1:88(2) DCC). In Den Haag, you can check at the Juridisch Loket Den Haag whether any adjustment is needed.

What Enters the Community?

Under the limited community of property, only:

  • Salaries, bonuses, and other income earned during the marriage.
  • Assets purchased with common funds, such as a home in Den Haag financed from joint income.
  • Debts incurred for joint expenses, e.g., a mortgage on a house in the city.

The community begins upon marriage and ends upon divorce, death, or change of regime.

What Remains Private?

Unlike the previous system, much stays outside the community, including:

  • Assets and debts existing at the start of the marriage.
  • Inheritances and gifts received during the marriage.
  • Income from private assets, such as interest on an inheritance.
  • Pension rights accrued before the marriage.

In Den Haag, meticulous record-keeping is essential to prevent disputes at the Rechtbank Den Haag.

Rights and Obligations

Spouses share equally in the community assets: 50/50 upon division. Key rules:

  1. Joint Management: Both spouses administer and divide them together (art. 1:97 DCC).
  2. Transparency: Access to records of common assets.
  3. Consent: Agreement required for major decisions, such as selling a house in Scheveningen.

Joint and several liability applies to debts arising from common obligations.

Practical Examples

Example 1: Marie and Pieter marry in 2021 in the Municipality of Den Haag. Marie inherits €100,000; this remains private. Their joint savings from salaries are part of the community.

Example 2: Lisa owns an apartment in the city center with a mortgage before marriage. It remains private, but repayments from salary make that portion common (art. 1:95 DCC).

Example 3: In a 2024 divorce at the Rechtbank Den Haag: the jointly purchased home is divided, but the private inheritance is not.

Comparison of Property Regimes

RegimeCommunityPrivate AssetsApplication
Limited CommunityOnly during marriagePre-marriage, inheritances, giftsDefault since 2018
Full CommunityAlmost everythingLimitedBefore 2018 (or via agreement)
Complete ExclusionNoneEverything privateVia notary

Read more about division in our article Division upon Divorce Den Haag.

Frequently Asked Questions

What if my marriage was before 2018?

Transitional rules apply: limited community since 2018. Check with Juridisch Loket Den Haag or a notary for any changes.

Are matrimonial property agreements necessary?

Not always, but advisable for unequal assets, such as for business owners in Den Haag. Consult a notary for advice.

How does the Rechtbank Den Haag divide the community?

After inventory, 50/50 split via judge or mediator. Private assets are excluded.

Does this apply to cohabitants in Den Haag?

No, only married couples and registered partners. Cohabitants must arrange via contract.

Tips for Residents of Den Haag

Avoid complications:

  • Draft matrimonial property agreements with a notary if the default does not suit, e.g., for a family business.
  • Separate accounts: private vs. common.
  • Document inheritances/gifts with bank statements.
  • Prepare a divorce settlement agreement for straightforward resolution.
  • Contact Juridisch Loket Den Haag or a family law attorney if in doubt.

Related: Matrimonial Property Agreements Den Haag, Division upon Divorce, Partnership Property.

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