Limited Community of Property in Rijswijk
For residents of Rijswijk, the limited community of property has been the standard matrimonial property regime in the Netherlands since January 1, 2018. This means that spouses in Rijswijk only share assets acquired during the marriage, while private assets such as inheritances or gifts remain separate. This protects individual property and ensures partners in the greater Den Haag area do not risk each other's debts. Marriages concluded before 2018 often still fall under the old regime, unless adjusted via the District Court of Rijswijk.
What Does the Limited Community of Property Mean for Rijswijk Residents?
The limited community of property applies automatically upon marriage or registered partnership in Rijswijk, unless matrimonial property agreements are drawn up with a notary in the municipality. Unlike the previous regime, where everything was shared, this system clearly separates private and joint assets. It provides greater financial autonomy for partners in Rijswijk and minimizes risks, for example with family inheritances that are common in local families.
In practice, partners in Rijswijk retain their pre-marital assets and debts, as well as subsequent private acquisitions. Only income and joint investments during the marriage, such as a home in the Plaspoelpolder neighborhood, fall into the community. This regime promotes fairness and clarity, especially in divorces handled by the District Court of Rijswijk.
Legal Basis
The limited community of property is set out in Book 1 of the Dutch Civil Code (DCC), Articles 1:94 to 1:103. The Act Limiting the Statutory Community of Property entered into force on January 1, 2018, replacing the old full community regime from 1838. For couples in Rijswijk, this is relevant for local registrations via the Municipality of Rijswijk.
Key articles include:
- Article 1:94 DCC: Limits the community to assets from employment or joint activities during the marriage.
- Article 1:95 DCC: Excludes private assets, such as inheritances, gifts, and personal exclusions.
- Article 1:100 DCC: Governs division upon dissolution of the marriage, separating community and private assets.
Differences with Full Community of Property
To understand the limited community of property, compare it to the old full regime. Here is an overview in the Rijswijk context:
| Aspect | Limited Community (since 2018) | Full Community (pre-2018) |
|---|---|---|
| Assets during marriage | Only from employment or joint efforts; private remains separate | All, including pre-marital, in community |
| Inheritances and gifts | Remain private | Joint, unless excluded |
| Debts | Private to one partner; joint only for shared purposes | All debts shared |
| Divorce | Community split 50/50; private intact | Full disentanglement, complex process |
This change makes it fairer for individuals in Rijswijk. For details on the old regime, see our article on Community of Property.
Practical Examples for Rijswijk
Take Anna and Bob, who marry in 2020 in the Municipality of Rijswijk without agreements, thus under the limited regime. Anna inherits €100,000 from family in the region. This remains private, even if invested in a home in Rijswijk-Zuid. However, the mortgage on it is joint if taken out during the marriage.
Example two: Bob receives a €10,000 work bonus. This enters the community and is split equally upon divorce. His old student debt remains private; Anna bears no risk. After 10 years of marriage, upon divorce, their €50,000 savings account (from income) is divided 50/50, while private assets like Anna's inheritance stay separate.
In Rijswijk, for personalized advice on such situations, contact the Legal Aid Office Rijswijk.
Rights and Obligations in Limited Community
Under this regime, partners in Rijswijk have clear rights and duties:
- Right to half of community: Upon divorce or death, 50% of joint assets, handled by the District Court of Rijswijk.
- Obligation to disclose: Report major transactions involving community assets, such as selling a car (Art. 1:97 DCC).
- Private asset protection: Manage private assets independently; debts remain personal.
- Equal contribution: Both contribute to the community, e.g., via salaries from local jobs.
Frequently Asked Questions
Can you change the limited community of property in Rijswijk?
Yes, via matrimonial property agreements with a notary in Rijswijk or adjustment at the District Court of Rijswijk. Contact the Legal Aid Office Rijswijk for free advice.