Limited Community of Property in Delft
For marriages and registered partnerships in Delft after January 1, 2018, the limited community of property applies as the default matrimonial property regime. Only assets acquired during the marriage enter the community, while pre-marital possessions, inheritances, and gifts remain private. This offers extra protection for Delft residents in the event of divorce or death, for example, at local wedding ceremonies in the Municipality of Delft.
Legal Basis
This regime is laid down in Book 1 of the Civil Code (CC), Articles 1:93 to 1:104 CC. Since 2018, it applies automatically to marriages in Delft, unless you choose matrimonial property agreements at the Municipality of Delft or via a notary. Older marriages from the full community era have transitioned to this regime under Article 1:88(2) CC. Want to make a change? Consult a notary in the region.
What Enters the Community in Delft?
Under the limited community of property, only:
- Salaries, bonuses, and other income earned during the marriage.
- Assets purchased with joint funds, such as a home in Delft financed by a mortgage from marital income.
- Debts incurred for joint expenses, e.g., a mortgage for a house in the city center.
The community commences upon marriage and ends upon divorce via the District Court of The Hague, death, or change of regime.
What Remains Private for Delft Residents?
Unlike the old regime, much stays outside the community, including:
- Assets and debts existing at the start of the marriage.
- Inheritances and gifts received during the marriage.
- Income from private assets, such as interest on an inheritance.
- Pension rights accrued before the marriage.
Delft residents should keep private assets separately documented to avoid disputes.
Rights and Obligations of Partners
Both partners have an equal share in the community: 50/50 upon division. Key rules:
- Cooperation: Consent required for management and settlement (Art. 1:97 CC).
- Transparency: Access to records of communal property.
- Consent Required: For major decisions, such as selling a joint home in Delft.
Joint debts result in joint and several liability.
Practical Examples from Delft
Example 1: Marie and Pieter marry in 2021 at the Municipality of Delft without agreements. Marie inherits €100,000; it remains private. Their savings account from salaries is communal.
Example 2: Sophie owned an apartment in Delft with a mortgage before marriage. It remains private, but repayments from salary make that portion communal (Art. 1:95 CC).
Example 3: Upon divorce in 2024 via the District Court of The Hague: the house bought during marriage is divided; the private inheritance is not.
Comparison of Property Regimes
| Regime | Community | Private Assets | Application |
|---|---|---|---|
| Limited Community | Only acquired during marriage | Pre-marriage, inheritances, gifts | Default since 2018 in Delft |
| Full Community | Almost everything | Very limited | Before 2018 (unless agreements) |
| Strict Exclusion | Nothing | Everything private | Via agreements |
Read more about division in our article Division upon Divorce.
Frequently Asked Questions for Delft Residents
What if I married in Delft before 2018?
Transitional rule: limited community since 2018. Check with the Legal Aid Office in Delft or a notary if a change is possible.
Do I need prenuptial agreements?
Not always, but yes if assets are unequal or you own a business. Seek advice from the Legal Aid Office in Delft.
How does the District Court of The Hague divide the community?
After inventory, 50/50; private assets excluded. Mediators in Delft often assist.
Does this apply to cohabitants in Delft?
No, only married couples and registered partners. Cohabitants arrange via notary contract.
Tips for Delft Residents
Avoid hassle by:
- Drafting prenuptial agreements with a notary, especially if you have a business or home in Delft.
- Keeping private and communal finances separate.
- Retaining proof of private inheritances (bank statements).
- Considering a settlement agreement for divorce.
- Obtaining free advice from the Legal Aid Office in Delft or a family law attorney at the District Court of The Hague.
Related: Prenuptial Agreements, Division upon Divorce, Matrimonial Property Regimes for Partnerships.