Universal Community of Property in Delft
For residents of Delft, the universal community of property is a matrimonial property regime where all assets and liabilities of both partners merge into a single common pool. This includes property acquired during the marriage as well as what each partner brings in, such as family inheritances or gifts. In Delft, with its high property prices and vibrant student culture, couples deliberately choose this option through notarial marriage settlement deeds, unlike the default limited community of property in place since 2018.
Legal Basis
Family law for marriages 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: all property belongs to the community unless explicitly excluded by settlement terms. Prior to 2018, this was the default in the Netherlands, including Delft. The Act Limiting the Statutory Community of Property (2017) introduced the limited version as standard, but Delft residents can opt for full community at a notary (Article 1:93 CC).
What Falls into the Universal Community?
Everything forms one shared estate, including:
- Assets owned prior to marriage;
- Inheritances and gifts, unless subject to an exclusion clause;
- Salaries, benefits, and business assets;
- Liabilities such as student loans or gambling debts.
No separate private pools, unless contractually agreed, for example, for a Delft-based business.
Differences from Other Regimes
This regime differs from alternatives. Comparison:
| Property Regime | Pre-marital Assets | Inheritance/Gifts | Debts |
|---|---|---|---|
| Universal Community | Shared | Shared (unless excluded) | Shared |
| Limited Community (default) | Private | Private | Private, except joint |
| Complete Separation | Private | Private | Private |
Read more about the default community of property.
Rights and Obligations
Rights:
- Equal management rights (Article 1:99 CC);
- No unilateral disposal of major assets like a Delft home without consent (Article 1:100 CC);
- 50/50 division upon dissolution.
Obligations:
- Transparency regarding finances (Article 1:101 CC);
- Prudent management as a reasonable administrator;
- Joint liability for debts, including personal ones.
Practice in Delft
Example 1: Inheritance. Anna from Delft inherits €250,000 from family. It enters the shared estate; upon divorce, she splits it with Ben unless excluded.
Example 2: Business. Karel runs a Delft startup with Lisa. Profits and risks are shared; bankruptcy could jeopardize their joint home on Nieuwe Plantage.
Example 3: Property. Marie brings a house in Delft's city center (€550,000) into the marriage. It becomes communal, but divorce allows for an equalization clause.
Risks are significant with unequal contributions, common in Delft due to expensive real estate.
Dissolution and Division
Dissolution occurs upon divorce (Article 1:112 CC) or death via the District Court of The Hague, competent for Delft. Steps:
- Estate inventory;
- Settlement of contributions;
- Division list or auction;
- Decision by notary or court.
Costs in the Delft area: notary €500-€2000, plus lawyer fees in disputes.
Frequently Asked Questions
Must Delft residents arrange a settlement?
Yes, not standard since 2018. Requires a notarial deed (€400-€800). Otherwise, limited community applies.
Debts of one partner?
Shared, so risk for both. Exclude in advance, e.g., student debt.
Mid-term changes?
Yes, via notary (Article 1:93(3) CC), e.g., upon birth of child or starting a business.
Registered Partnership?
Yes, same rules (Article 1:80 CC). Register at Delft Municipality.
Tips for Delft Residents
Choose universal community for equal partnerships. Otherwise:
- Advice from Legal Aid Office Delft;
- Clauses for business or property;
- Will for inheritance;
- See marriage settlements.
Personal advice: Legal Aid Office Delft or local notary. More: assets upon divorce.
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