Limited Community of Property in Amsterdam
For residents of Amsterdam, the limited community of property is the default matrimonial property regime for marriages and registered partnerships after 1 January 2018. Only assets acquired during the marriage enter the community, while pre-marital possessions, inheritances, and gifts remain private. This provides extra protection in the event of divorce or death, for example at the Amsterdam District Court.
Legal Basis
This regime is set out in Book 1 of the Dutch Civil Code (DCC), Articles 1:93 to 1:104 DCC. Since 2018, it applies automatically to new marriages in Amsterdam, unless you opt for a matrimonial property agreement at the municipality of Amsterdam or via a notary.
Marriages before 2018 operated under full community of property. Existing couples in Amsterdam transitioned to this regime under Article 1:88(2) DCC, with the option to amend it via a notary.
What Enters the Community?
Under the limited community of property in Amsterdam, only the following falls within it:
- Salaries, bonuses, and other income from work during the marriage.
- Assets purchased with joint funds, such as an apartment in the Jordaan bought with savings from salaries.
- Debts for joint expenses, e.g., a mortgage for a home in Amsterdam.
The community begins upon exchange of vows and ends upon divorce, death, or change of regime.
What Remains Private?
In contrast to the past, much stays out of the communal pot in Amsterdam:
- Assets and debts existing at the start of the marriage.
- Inheritances and gifts, even after the marriage.
- Income from private assets, such as interest on an inheritance.
- Pensions accrued before the marriage.
Proper bookkeeping is essential to avoid disputes at the Amsterdam District Court.
Rights and Obligations
Both partners have an equal share in the community: 50/50 upon division. Key obligations:
- Cooperation: Assist in management and division (Art. 1:97 DCC).
- Transparency: Access to records of communal assets.
- No solo actions: Consent required for major decisions, such as selling a house in Amsterdam-South.
Joint debts trigger joint and several liability.
Practice in Amsterdam
Example 1: Lisa and Tom marry in 2021 in Amsterdam without conditions. Lisa inherits €100,000; this remains private. Their salaries in the joint account are communal.
Example 2: Marieke owns a home in De Pijp before marriage, subject to a mortgage. It remains private post-marriage, but repayments from salary make that portion communal (Art. 1:95 DCC).
Example 3: On divorce in 2024 at the Amsterdam District Court: the jointly bought house is divided, but the private inheritance is not.
Comparison of Matrimonial Property Regimes
| Regime | Community | Private Assets | Application in Amsterdam |
|---|---|---|---|
| Limited Community | Only during marriage | Pre-marriage, inheritances, gifts | Standard since 2018 |
| Full Community | Almost everything | Very limited | Before 2018 (unless agreement) |
| Complete Exclusion | Nothing | Everything private | Via notary |
Read more about division in Division upon Divorce.
Frequently Asked Questions
I married before 2018 in Amsterdam, what now?
Transitional rule: limited community since 2018. Check with Juridisch Loket Amsterdam or a notary for changes.
Are matrimonial property agreements necessary?
Not always, but advisable for unequal assets, such as self-employed individuals in Amsterdam. Consult a notary.
How does the Amsterdam District Court divide assets?
The judge or mediator divides the community 50/50 after taking inventory. Private assets are excluded.
Does it apply to cohabitants?
No, only marriages and registered partnerships. Cohabitants in Amsterdam: arrange via contract.
Tips for Residents of Amsterdam
Avoid complications:
- Draft matrimonial property agreements with a notary in non-standard situations, e.g., a startup in Amsterdam.
- Separate accounts: private vs. communal.
- Prove private status of inheritances with bank statements.
- Prepare a settlement agreement for smooth divorce proceedings.
- Contact Juridisch Loket Amsterdam for free advice or a family law attorney at the Amsterdam District Court.
More info: Matrimonial Property Agreements, Division upon Divorce, Partnership Assets.