Cold Exclusion in Marriage in Rijswijk
Cold exclusion is a clause in marital property agreements that guarantees a total separation of spouses' assets in Rijswijk. Unlike the standard limited community of property, all properties, liabilities, and future income remain entirely separate. This provides optimal protection for personal assets but requires precise notarial recording, ideal for couples in Rijswijk.
Legal Basis of Cold Exclusion
Since January 1, 2018, the limited community of property has been the default regime in the Netherlands, as laid down in Book 1, Title 7 of the Civil Code (CC). Only assets acquired during the marriage fall within it. Spouses in Rijswijk can opt for cold exclusion through a notary via marital property agreements.
Cold exclusion is provided for in Article 1:94(2) CC: each spouse retains and acquires their own property, without any community. Unlike 'hot exclusion,' no inventory of assets is required; it is an automatic, total separation. The notarial deed must be drawn up before or during the marriage (Article 1:86 CC). After marriage, it can be amended via the District Court of Rijswijk.
Comparison with Other Property Regimes
Cold exclusion differs significantly from other options. Overview in the Rijswijk context:
| Regime | Description | Benefits and Risks |
|---|---|---|
| Limited community of property (default) | Only marital assets are shared. | Simple, but debts may overlap. |
| Cold exclusion | Total separation without specification. | Excellent protection, but more paperwork. |
| Hot exclusion | Specific assets excluded via list. | Flexible, but list needs updating. |
| Universal community of property | Everything, including pre-marital, shared. | Risky with debts. |
Examples of Cold Exclusion in Rijswijk
Take Anna and Bob from Rijswijk: Anna owns a home worth €300,000 and has €50,000 in savings pre-marriage. Bob takes out a €100,000 loan for his business. Anna inherits €200,000, Bob earns €80,000.
- Anna's home, savings, and inheritance remain private.
- Bob's loan and business are his risk; Anna is protected.
- In case of Bob's bankruptcy, Anna's home in Rijswijk is not affected.
Or Pieter (local entrepreneur) and Lisa (part-time): Cold exclusion protects Lisa from Piet's business risks, but no automatic division upon divorce.
Rights and Obligations under Cold Exclusion
Rights:
- Exclusive control over own assets (Article 1:95 CC).
- No liability for partner's debts, except joint ones.
- Upon death: private assets go to own heirs.
Obligations:
- Transparency: Carefully document ownership.
- Maintain separation: Use separate accounts.
- Consent for home decisions (Article 1:88 CC).
Exception: Household debts may be recovered from private assets.
Tips for Couples in Rijswijk
Ideal for entrepreneurs or those with significant pre-marital assets in Rijswijk. Contact marital property agreements.
- Notary required: For a valid deed.
- Prepare inventory: When marrying in the Municipality of Rijswijk.
- Review periodically: Every 5 years.
- Add a will: For inheritance.
- Separate finances: Individual mortgages.
Contact Het Juridisch Loket Rijswijk for free advice or the District Court of Rijswijk for disputes. Related: Divorce and Property Division, Entrepreneur and Marriage.
Frequently Asked Questions
What distinguishes cold from hot exclusion?
Cold: Complete separation without a list. Hot (Article 1:94(3) CC): Specific assets. Cold is stricter, easier for Rijswijk residents.
Switch to cold exclusion after marriage?
Yes, via notary (Article 1:86 CC), €500-€1500, 2-4 weeks. Notify the Municipality of Rijswijk.
Upon divorce with cold exclusion?
Retain own assets. No division of private property, but settlement of contributions to the home (Article 1:100 CC). Maintenance possible via District Court of Rijswijk.
Is cold exclusion recommended in Rijswijk?
Yes, especially for entrepreneurs; protects against local risks. Contact Het Juridisch Loket Rijswijk.