If you got married or entered into a registered partnership before 1 January 2018 and did not make any prenuptial agreements or partnership conditions, a full legal community of property arose in the Netherlands. In the case of a marriage or registered partnership with international aspects, this may be different. For example, if you do not have the same nationality or do not take up residence in the Netherlands immediately after your marriage.
Because of the general community of property, everything you have and will get became common property. Until 1 January 2018, creditors could recover from the entire assets and not just the part of the person who incurred the debt. After 1 January 2018, that recourse is limited when it concerns creditors of debts incurred by only one partner. This is different only if the debts are for the ordinary course of the household.
The only things that do not become joint property under the full legal community of property are gifts or inheritances where the donor or testator has stipulated that the gift or inheritance does not fall into a community of property. This is called the exclusion clause or private clause.
Many people found it undesirable for creditors of one of the spouses to be able to recover the entire assets. This could be prevented by making prenuptial agreements. But prenuptial agreements were also widely made because assets were unequal. However, there can be many other reasons.
In many cases, the general community of property gives room to pay as little inheritance tax as possible upon death.
For more information on the legal community of property, please contact us. We will be happy to advise you.
