Universal Community of Property in Zoetermeer
For residents of Zoetermeer, the universal community of property is a matrimonial property regime where all spouses' assets and liabilities merge into one joint pool. This covers pre-marital possessions, such as houses in Zoetermeer or inheritances, as well as anything acquired during the marriage. Unlike the standard limited community of property since 2018, you opt for this deliberately through a marriage settlement with a local notary.
Legal Basis
Family law for marriages is governed by 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: everything belongs to the community, except what is explicitly excluded by agreement.
Before January 1, 2018, this was the default; after the Act Limiting the Statutory Community of Property (2017), the limited community became standard. In Zoetermeer, you can switch via a notarial deed (Article 1:93 BW).
What Forms Part of the Community in Zoetermeer?
Everything forms one joint estate, including:
- Pre-marital assets, such as an apartment in the Seghwaert district;
- Inheritances or gifts, unless subject to an exclusion clause;
- Salaries, state pensions (AOW), and business assets;
- Debts, from mortgages to personal loans.
There is no separate property, unless contractually agreed, for example for a business in Zoetermeer.
Comparison with Other Regimes
The universal community of property differs as follows:
| Property Regime | Pre-marital Assets | Inheritances/Gifts | Debts |
|---|---|---|---|
| Universal Community | Joint | Joint (unless clause) | Joint |
| Limited Community (standard) | Separate | Separate | Separate, except matrimonial |
| Total Separation | Separate | Separate | Separate |
Read more about the standard community of property.
Rights and Obligations for Zoetermeer Residents
Rights:
- Equal management rights over the joint estate (Article 1:99 BW);
- No unilateral disposal above thresholds, such as selling a house in Buytenwegh (Article 1:100 BW);
- Upon dissolution: equal division of the estate after settlement.
Obligations:
- Transparency regarding finances (Article 1:101 BW);
- Prudent management as a reasonable head of household;
- Both partners bear joint and several liability for debts.
Practical Cases from Zoetermeer
Case 1: Inheritance. Anna from Zoetermeer inherits €200,000. It enters the community; upon divorce, she shares it with Ben, absent an exclusion clause.
Case 2: Business. Karel runs a shop in Stadshart with Lisa. Profits and risks are shared; bankruptcy threatens their home.
Case 3: Own Home. Marie contributes her house in Rokkeveen (€400,000). It becomes joint, but divorce allows for an equalisation clause.
This illustrates risks with unequal contributions.
Dissolution and Division
Dissolution occurs upon divorce (Article 1:112 BW) or death. Steps at the District Court of Zoetermeer:
- Inventory the estate;
- Settle pre-marital contributions;
- Divide via list or auction;
- Notary or court decides.
Costs: notary €500-€2000, lawyer extra in disputes.
Frequently Asked Questions
Do I need a marriage settlement for universal community in Zoetermeer?
Yes, not standard since 2018. Notarial deed costs €400-€800; otherwise limited community.
What about one partner's high debts?
Joint, so joint and several liability. Exclude in advance, e.g., student loans.
Can it be changed midway?
Yes, notarially (Article 1:93(3) BW), e.g., upon having children or starting a business.
Does it apply to partnerships?
Yes, by analogy (Article 1:80 BW). Choose upon registration at the Municipality of Zoetermeer.
Tips for Zoetermeer Residents
Choose universal community of property for mutual trust and equal partnership. Prefer not?
- Seek custom advice from a notary;
- Add clauses for businesses;
- Use a will for inheritances;
- See marriage settlements.
For advice: Zoetermeer Legal Aid Office or District Court of Zoetermeer. More: division of assets in divorce and prenuptial agreements.
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