Limited Community of Property
For marriages and registered partnerships entered into after 1 January 2018 in Rotterdam, the limited community of property applies as the default regime. Only assets acquired during the marriage form part of the community, while pre-marital possessions, inheritances, and gifts remain separate property. This offers additional protection for Rotterdam residents in the event of divorce or death, for example through proceedings at the Rotterdam District Court.
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 has been the default for new marriages in Rotterdam, unless matrimonial property conditions are chosen at the Municipality of Rotterdam or with a notary. Older marriages transitioned automatically under transitional provisions (art. 1:88(2) DCC), and amendments are possible via a notary.
What Forms Part of the Community?
Under the limited community of property, only the following are included:
- Salaries, bonuses, and other income from employment during the marriage.
- Assets purchased with joint funds, such as a home in Rotterdam-West financed from common income.
- Debts incurred for joint expenses, like a mortgage for a family home.
The community begins at the exchange of vows and ends upon divorce, death, or a change in regime.
What Remains Separate Property?
Unlike in the past, much stays out of the community:
- Assets and debts existing at the start of the marriage.
- Inheritances and gifts, even those received during the marriage.
- Income from separate property, such as interest on an inheritance.
- Pensions accrued before the marriage.
Proper record-keeping is essential for Rotterdam residents to avoid disputes, particularly at the Rotterdam District Court.
Rights and Obligations
Spouses share equally in the community: 50/50 upon dissolution. Key obligations:
- Cooperation: Both manage and divide it jointly (art. 1:97 DCC).
- Transparency: Access to records of community assets.
- Consent: Agreement required for major decisions, such as selling a community property in Rotterdam.
For community debts, both spouses are jointly and severally liable.
Practice Cases from Rotterdam
Case 1: Anja and Bas from Feijenoord marry in 2021 without conditions. Anja inherits €100,000; it remains separate. Their savings from salaries are community property.
Case 2: Karel owned a flat in Kralingen with a mortgage before marriage. It remains separate, but repayments from salary make part of it community property (art. 1:95 DCC).
Case 3: In a 2024 divorce at the Rotterdam District Court: the house bought during marriage is split 50/50, but the separate inheritance is not.
Comparison of Property Regimes
| Regime | Community | Separate Property | Application |
|---|---|---|---|
| Limited Community | Only acquired during marriage | Pre-marriage, inheritances, gifts | Default since 2018 |
| Full Community | Almost everything | Very limited | Pre-2018 (unless conditions) |
| Complete Exclusion | Nothing | Everything separate | Via conditions |
Read more about division in Division upon Divorce.
Frequently Asked Questions
What if my marriage was before 2018 in Rotterdam?
Transitional provisions apply: limited community since 2018. Check with Juridisch Loket Rotterdam or a notary for adjustments.
Do I need conditions?
Not always, but yes for unequal assets, like port entrepreneurs. Consult a notary.
How does the Rotterdam District Court divide the community?
The judge or mediator divides it 50/50 after inventory. Separate property stays separate.
Does this apply to cohabitants in Rotterdam?
No, only married couples and registered partners. Cohabitants must arrange it themselves via contract.
Tips for Rotterdam Residents
Avoid hassle:
- Draft matrimonial property conditions with a notary for non-standard situations, like owning a business.
- Separate accounts: private vs. community.
- Document inheritances with statements.
- Prepare a divorce settlement agreement for smooth handling.
- Seek advice from Juridisch Loket Rotterdam or a local family law attorney.
More info: Matrimonial Property Conditions, Division upon Divorce, Partnership Property.
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