Universal Community of Property
For Rotterdam residents who marry or enter into a registered partnership, the universal community of property offers an option where all assets and debts of both partners are pooled into a single estate. This covers everything: from a house in Rotterdam-South to family inheritances. Unlike the standard limited community of property since 2018, you must consciously opt for this through a notarial matrimonial property agreement.
Legal Basis
Family law for marriages is set out in Book 1 of the Civil Code (BW), Title 5.5 (Articles 1:93 to 1:127 BW). Article 1:94(1) BW defines the universal community of property: all assets and debts merge into the community, unless the matrimonial property agreement provides otherwise.
Before January 1, 2018, this was the default in the Netherlands, including Rotterdam. The Act Limiting the Statutory Community of Property (2017) made the limited version standard, but couples in Rotterdam can still choose full community through a notarial deed (Article 1:93 BW).
What Forms Part of the Community in Rotterdam?
Everything becomes one shared estate, ideal for equal partners but risky in unequal situations. Examples include:
- Pre-marital assets, such as an apartment in the Maasstad;
- Inheritances or gifts, unless an exclusion clause is included;
- Salary, state pensions, and business assets, e.g., from the Port of Rotterdam;
- Debts such as student loans or financing for a boat on the Maas.
No separate property, unless explicitly excluded, for example for a sole proprietorship.
Comparison with Other Regimes
The universal community differs significantly from alternatives. Overview:
| Property Regime | Pre-marital Assets | Inheritances/Gifts | Debts |
|---|---|---|---|
| Universal Community | Joint | Joint (unless clause) | Joint |
| Limited Community (default) | Separate | Separate | Separate, except matrimonial debts |
| Complete Exclusion | Separate | Separate | Separate |
Read more about the standard community of property in our background article.
Rights and Obligations of Partners
Rights:
- Equal management rights over the estate (Article 1:99 BW);
- No solo decisions on major assets, such as a home – consent required (Article 1:100 BW);
- Upon dissolution: fair 50/50 division after settlement.
Obligations:
- Transparency regarding finances (Article 1:101 BW);
- Prudent management as a "good householder" of joint property;
- Both partners are personally liable for debts.
Real-Life Cases from Rotterdam
Case 1: Inheritance. Anna from Feijenoord inherits €200,000. It enters the joint estate and is shared with Ben upon divorce, absent an exclusion clause.
Case 2: Port Business. Karel runs a logistics firm at the Port of Rotterdam with Lisa. Profits and risks are shared; bankruptcy could lead to foreclosure on their home in Kralingen.
Case 3: Family Home. Marie contributes a house in Charlois (€400,000). It becomes joint, but she may invoke a settlement provision upon divorce.
These Rotterdam examples highlight risks in unequal contributions.
Dissolution and Division at the District Court of Rotterdam
The community ends upon divorce (Article 1:112 BW) or death. Steps:
- Prepare an inventory of the estate;
- Settle any separate contributions;
- Division by list or auction in case of dispute;
- District Court of Rotterdam or notary decides.
Costs: notary €500-€2000, plus lawyer fees in disputes before the District Court of Rotterdam.
Frequently Asked Questions
Must Rotterdam residents draw up an agreement?
Yes, no longer standard since 2018. Notarial deed required (€400-€800). Check with Juridisch Loket Rotterdam for beginners.
Issues with one partner's debts?
Debts are joint, so joint and several liability. Exclude in advance, e.g., for WOZ-related debts with the Municipality of Rotterdam.
Can it be changed midway?
Yes, notarially (Article 1:93(3) BW). Useful for starter homes or port jobs.
Applies to partnerships?
Yes, same rules (Article 1:80 BW). Consider upon registration with the Municipality of Rotterdam.
Tips for Rotterdam Residents
Choose universal community of property only with full trust and equal contributions. Prefer not?
- Consult a notary or Juridisch Loket Rotterdam for advice;
- Add clauses for businesses or inheritances;
- Draft a will;
- Check our matrimonial property agreements article.
For local advice: Juridisch Loket Rotterdam or District Court of Rotterdam. See also: asset division upon divorce and prenuptial agreements.
(Approx. 1050 words)