Matrimonial property law is the set of legal rights and obligations for the assets and debts of spouses and registered partners.
Before 1 January 2018
If you entered into a marriage or registered partnership before 1 January 2018 without making prenuptial agreements or partnership conditions, the community of property applies in the Netherlands. The assets (possessions as well as debts) of each of the spouses fall into this community of property.
After 1 January 2018
If you enter into a marriage or registered partnership after 1 January 2018 without making prenuptial agreements or partnership conditions, the limited community of property applies in the Netherlands. As a basis, everything you had before you got married and everything inherited or gifted to you remains private. Everything else becomes common property. However, there are a few exceptions, e.g. a house of which you owned 20% and the other 80% suddenly becomes 50% - 50% joint property. A claim by one person against the other because more of their own money was used to buy a house is also lost by half.
Whether Dutch matrimonial property law applies is determined by private international law. Which law applies may depend on a choice of law by the parties, the first joint domicile after the marriage ceremony, joint nationality or the law with which both parties have the closest connection. Under circumstances, the applicable matrimonial property law may change during the marriage or registered partnership based on the parties' subsequent domicile.
To make sure which matrimonial property law applies, it is therefore wise to make a choice of law. In the Netherlands, this choice of law should be recorded in a notarial deed, usually in the prenuptial agreement or partnership agreement.
For more information on matrimonial property law, please contact us. We will be happy to advise you.
