In a community of property, spouses share their assets and debts. In the Netherlands, since 2018, the limited community applies as the default without marriage settlement agreements.
Limited Community of Property (post 2018)
If you marry in Rijswijk without specific arrangements, you fall under the limited community:
- Personal assets: possessions from before the marriage
- Personal assets: received inheritances or gifts (unless otherwise stipulated)
- Joint: everything built up during the marriage
- Joint: debts incurred during the marriage
Full Community (pre 2018)
For marriages entered into before 1 January 2018 in Rijswijk, the general community often applies:
- All assets are joint
- Including assets from before the marriage
- Inheritances and gifts fall into it
- All debts are shared
Effects of a Community
| Circumstance | Result |
|---|---|
| Purchases | Automatically belong to both |
| Debt burden | Both partners responsible |
| Divorce | Equal division (50/50) |
| Death | Half goes to the surviving partner |
Debts within the Community
Be alert: in a community, you are also responsible for your partner's debts incurred during the marriage. This includes:
- Expenses for the household
- Business debts (in a full community)
Frequently Asked Questions about Community of Property
Can I opt for a full community in Rijswijk?
Yes, through marriage settlement agreements, you can still agree on a general community.
How do I prove what my private assets are?
Keep bank statements, deeds, and other documents from before the marriage in good order. You must prove that something is private.
Can an inheritance still be shared in the community?
Yes, if the testator has explicitly stipulated this via an inclusion clause in the will.
Practical Information for Rijswijk
For legal advice on community of property, you can go to the Juridisch Loket Rijswijk. In disputes or complex cases, reference is often made to the District Court of The Hague, under which Rijswijk falls.
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