Universal Community of Property in Rijswijk
For residents of Rijswijk, the universal community of property is a matrimonial property regime under which all assets and liabilities of spouses form a joint estate. This includes pre-marital possessions, such as inheritances or gifts, as well as anything acquired during the marriage. In Rijswijk, couples choose this regime through a notarial marriage settlement, unlike the default limited community of property that has applied since 2018.
Legal Basis in Rijswijk
Family law for married couples is governed by Book 1 of the Civil Code (CC), Title 5.5 (Articles 1:93 to 1:127 CC). Article 1:94(1) CC defines the universal community of property: everything belongs to the community, unless contractually excluded. Prior to January 1, 2018, this was the default in Rijswijk and elsewhere; now it must be deliberately chosen via a notary (Article 1:93 CC), for example at the Municipality of Rijswijk.
What Forms Part of the Community in Rijswijk?
All assets and obligations form a single joint estate, including:
- Pre-marital assets;
- Inheritances and gifts, without an exclusion clause;
- Salaries, benefits, and business assets;
- Obligations such as loans or gambling debts.
There is no separate property, unless explicitly agreed otherwise, such as for a business in Rijswijk.
Comparison with Other Regimes
The universal community of property differs from other options. Overview:
| Property Regime | Pre-marital | Inheritance/Gift | Debts |
|---|---|---|---|
| Universal Community | Joint | Joint (unless clause) | Joint |
| Limited Community (default) | Private | Private | Private, except marriage-related |
| Complete Exclusion | Private | Private | Private |
Read more about the default community of property.
Rights and Obligations for Rijswijk Residents
Rights:
- Equal management rights over the estate (Article 1:99 CC);
- Consent required for major decisions, such as selling a home (Article 1:100 CC);
- Upon termination: equal division after settlement.
Obligations:
- Transparency regarding finances (Article 1:101 CC);
- Prudent management as a good householder;
- Both partners bear personal liability for debts.
Real-Life Cases from Rijswijk
Case 1: Inheritance. Anna from Rijswijk-Zuid inherits €200,000. This enters the joint estate and is shared with Ben upon divorce, absent an exclusion clause.
Case 2: Business. Karel runs a business in central Rijswijk with Lisa. Profits and risks are shared; bankruptcy could lead to seizure of their home on Sir Winston Churchill-laan.
Case 3: Family Home. Marie contributes her house (valued at €450,000, typical for Rijswijk). It becomes joint property, but divorce may require equalization.
These examples highlight risks from unequal contributions in Rijswijk.
Termination and Division at the District Court of Rijswijk
Dissolution upon divorce (Article 1:112 CC) or death. Steps:
- Estate inventory;
- Settlement of contributions;
- Division key or auction;
- Decision via notary or District Court of Rijswijk.
Costs: notary €500-€2000, plus lawyer fees in disputes.
FAQs for Rijswijk
Do you need a marriage settlement for this regime?
Yes, since 2018: notarial deed (€400-€800). Otherwise, limited community applies via the Municipality of Rijswijk.
Issues with partner debts?
Debts are joint; exclude them upfront, e.g., student loans. Contact the Rijswijk Legal Advice Office.
Can it be changed midway?
Yes, notarially (Article 1:93(3) CC), e.g., upon family expansion.
Registered Partnership?
Same rules (Article 1:80 CC). Deliberately choose it at Rijswijk registration.
Tips for Couples in Rijswijk
Opt for universal community of property only with full trust and equal partnership. Otherwise:
- Consult a notary for tailored arrangements;
- Add clauses for businesses;
- Use a will for inheritances;
- More info: marriage settlements.
For advice: Rijswijk Legal Advice Office or District Court of Rijswijk. See also division of assets in divorce and prenuptial agreements.
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