Community of Property Division in Rotterdam

Community of Property Division in Rotterdam

The community of property division refers to the process during divorce or dissolution of a registered partnership where joint assets and debts are fairly divided between former partners in Rotterdam. This regime applies to marriages and partnerships before January 1, 2018, unless otherwise specified. It ensures an equal share in the community estate for both partners, but a thorough inventory is essential to avoid conflicts, especially in a dynamic city like Rotterdam.

What does community of property mean for residents of Rotterdam?

The community of property is the default matrimonial property regime in the Netherlands for marriages and registered partnerships before January 1, 2018, without prenuptial agreements. Under this system, all assets and debts acquired during the marriage enter a shared 'estate'. Income or purchases by one partner thus belong to both. Pre-marital assets remain private, unless they become mixed, for example, through use in a Rotterdam household.

Due to the 2018 Act on Matrimonial Property Law Reform, the standard has shifted to a limited community of property, where only assets acquired during the marriage are shared. For earlier marriages in Rotterdam, the full community applies unless partners choose a different regime through a notary. Division occurs upon dissolution, such as divorce, death, or separation from the community.

Legal basis

The rules for community of property division are outlined in the Dutch Civil Code (DCC), Book 1. Relevant articles include:

• Article 1:94 DCC: Establishes the community as the default for marriages before 2018.
• Article 1:99 DCC: Defines the community as all assets and debts outside private property.
• Article 1:111 DCC: Determines an equal division of the estate upon dissolution, after deducting debts and private assets.
• Article 1:119 DCC: Grants the court the authority to impose a division procedure in case of disputes.

For partnerships, similar provisions apply in Title 6 of Book 1 DCC. With prenuptial agreements, the division deviates, but under the standard regime, the law applies. In international cases in Rotterdam, the Hague Convention on Matrimonial Property Regimes (EU regulation) may come into play.

Comparison with other regimes

This table illustrates that the full community in Rotterdam can be more complex during division, particularly with debts or inheritances in a port city with high real estate prices.

How does the division work in practice in Rotterdam?

The community of property division begins with an estate inventory: assets such as a home in Rotterdam-South, a car, or savings, and liabilities like debts or a mortgage. Partners prepare this with help from a notary, mediator, or the Legal Aid Office Rotterdam. Valuation occurs as of the divorce date.

Step by step:

1. Identify the estate: What is shared? A house in the Maas city bought during the marriage is included, even if one partner paid for it.
2. Valuation: Appraisal for real estate through local experts; market value for movable assets.
3. Settlement: Deduct debts; exclude private assets like inheritances, unless invested in the estate.
4. Splitting: Divide the net estate equally. Buyouts are possible, or assets may be sold.
5. Confirmation: Through a settlement agreement if parties agree, or via the Rotterdam District Court in case of conflict.

In cases involving children or a local business in Rotterdam, the court considers third-party interests, as per Article 1:112 DCC. The Municipality of Rotterdam sometimes provides additional information on family law.

Practical examples for residents of Rotterdam

Consider Anna and Bert, married in 2010 under community of property and divorcing in 2023. They own a home in Rotterdam-West worth €450,000 (with a €250,000 mortgage), €60,000 in savings, and a car worth €25,000. Anna's inheritance of €100,000 remains private. The estate: €450,000 - €250,000 + €60,000 + €25,000 = €285,000. Each receives €142,500; the inheritance is separate. Bert buys out Anna's share of the car.

If pre-marital debts were paid with shared funds, account for this. Disputes are resolved through evidence like bank statements, with a ruling by the court.

In a Rotterdam case at the Rotterdam District Court (2022), a pension was ruled part of the community estate, despite being in one partner's name, due to contributions from the shared funds.