In a community of property, spouses share their assets and debts. In the Netherlands, since 2018, the limited community applies if no matrimonial property agreement has been drawn up.
Limited Community of Property (from 2018)
If you marry in Zoetermeer without a matrimonial property agreement, you automatically fall under the limited community:
- Private property: everything you owned before the marriage
- Private property: inheritances and gifts received (unless otherwise stipulated)
- Common property: assets acquired during the marriage
- Common property: debts incurred during the marriage
Absolute Community (before 2018)
For marriages entered into before 1 January 2018 in Zoetermeer, the absolute community often applies:
- Everything is shared
- Including pre-marital assets
- Inheritances and gifts are also included
- All debts are joint
Impact of Community of Property
| Circumstance | Effect |
|---|---|
| Purchases | Automatically belong to both |
| Debt burden | Both partners are responsible |
| Divorce | Division fifty-fifty |
| Death of partner | Half goes to the survivor |
Debts within the Community
Be alert: in a community, in Zoetermeer you are also responsible for your partner's debts incurred during the marriage. This concerns:
- Debts for household expenses
- Business debts (in absolute community)
Frequently Asked Questions about Community of Property
Can I still opt for an absolute community?
Yes, via a matrimonial property agreement, you can still choose an absolute community in Zoetermeer.
How do I prove that something is my private property?
Keep bank statements, deeds, and pre-marital documents in order. You must prove yourself that something is private.
Can an inheritance fall into the community?
Yes, if the testator has stipulated this via an inclusion clause in the will.
Additional Information and Assistance in Zoetermeer
For legal advice on community of property, you can go to the Juridisch Loket Zoetermeer. In addition, the District Court of The Hague, under which Zoetermeer falls, handles matters concerning matrimonial property.