Universal Community of Property in Amsterdam
For residents of Amsterdam, the universal community of property is a matrimonial property regime in which 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 owned before the wedding, including inheritances and gifts. In Amsterdam, with its high property prices and dynamic economy, couples choose this regime through notarial marriage settlement deeds, unlike the default limited community of property that has applied since 2018.
Legal Basis
Family law provisions for marriages are set out in 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 of both spouses forms part of the community, except for items explicitly excluded by the settlement.
Prior to January 1, 2018, this was the default across the Netherlands, including Amsterdam. The Act Limiting the Statutory Community of Property (2017) introduced the limited community as the new default, but residents of Amsterdam can still opt for universal community through a notary (Article 1:93 CC).
What Forms Part of the Universal Community?
Everything forms one joint estate, including:
- Pre-marital assets;
- Inheritances and gifts, unless subject to an exclusion clause;
- Salaries, benefits, and business assets;
- Liabilities such as student loans or gambling debts.
No separate personal estates, unless contractually agreed, for example for an Amsterdam-based business.
Differences with Other Regimes
This regime differs from the alternatives. Comparison:
| Property Regime | Pre-marital Assets | Inheritances/Gifts | Debts |
|---|---|---|---|
| Universal Community | Joint | Joint (unless clause) | Joint |
| Limited Community (default) | Private | Private | Private, except matrimonial debts |
| Total Exclusion | Private | Private | Private |
Read more about the default community of property in our in-depth article.
Rights and Obligations of Partners
Rights:
- Equal management rights over the estate (Article 1:99 CC);
- No unilateral disposal above the limit, such as for a home (Article 1:100 CC);
- Upon termination (divorce or death): equal division after settlement.
Obligations:
- Transparency regarding finances (Article 1:101 CC);
- Diligent management as a good family head;
- Both liable for debts, including personal ones.
Practical Cases in Amsterdam
Case 1: Inheritance. Anna from the Jordaan inherits €200,000. It enters the joint estate and is shared with Ben upon divorce, absent an exclusion clause.
Case 2: Business. Karel runs a startup in the Zuidas with Lisa. The business is joint; in bankruptcy, creditors could target their canal house.
Case 3: Home. Marie in De Pijp brings her house (€500,000 Amsterdam value) into the marriage. It becomes joint, but upon division, equalization may apply as compensation.
These examples highlight risks in a city like Amsterdam with high real estate values.
Termination and Division
The community ends upon divorce (Article 1:112 CC) or death. Steps at the Amsterdam District Court:
- Estate inventory;
- Settlement of contributions;
- Draw or auction in case of dispute;
- Decision by notary or Amsterdam District Court.
Costs: notary €500-€2000, plus lawyer in disputes.
Frequently Asked Questions
Must Amsterdammers arrange a settlement for universal community?
Yes, it is no longer the default since 2018. Notarial deed required (€400-€800). Otherwise, limited community applies. Start at Juridisch Loket Amsterdam.
Problems with one partner's debts?
Debts are joint, so joint liability. Exclude in advance, e.g., student debt, via settlement.
Mid-term changes possible?
Yes, by notarial deed (Article 1:93(3) CC). Useful for Amsterdam changes like starter loans or children.
Applies to partnerships?
Yes, same rules (Article 1:80 CC). Choose consciously upon registration with the Municipality of Amsterdam.
Tips for Amsterdammers
Choose universal community of property only with full trust and equal partnership. Prefer not?
- Seek tailored advice from a notary in Amsterdam;
- Add clauses for businesses;
- Will for inheritances;
- For changes: see marriage settlements.
For advice: Juridisch Loket Amsterdam or local specialist. More: asset division on divorce and prenuptial agreements.
(Approx. 1050 words)