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Marrying in Limited Community of Property KVK

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Marrying in Limited Community of Property KVK

Uploaded by

rg8qrn4nrg
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Marrying in limited
community of
property

KVK Editors Background


Edited 26 February 2024 3 min
Rules and laws

Are you planning to get married? You can


marry on different terms. If you do not
make any arrangements, you will marry
in limited community of property by
default. Find out exactly what this means
for your business.

By default, you marry in limited community of


property  , unless you draw up prenuptial
agreements beforehand. This has been the case
since the renewal of matrimonial property law in
2018. This also applies to entering into a
registered partnership. Everything you read here
about marrying in limited community of property
also applies to registered partnerships.

Limited community of
property
Within the limited community of property, you
and your partner share everything you build up
from your wedding day: your possessions,
income, and debts. This applies to anyone who
marries from 1 January 2018 and does not draw
up a prenuptial agreement (huwelijkse
voorwwaarden). Did you get married before 1
January 2018? Then nothing will change for your
situation.

Avoid uncertainty
If you get married while you have your
own business (in Dutch), it is always
wise to draw up prenuptial
agreements. This way, you avoid any
doubt and uncertainty later on about
how to share the value, assets, and
any debts of your business. You also
make agreements about your pension
rights and whether or not to offset
savings.

Different assets
If you are married in limited community of
property, there are three assets:

•• your own private assets

•• your spouse's private assets

•• the common assets

All income, assets, and debts you receive or


incur during the marriage are common. In other
words, you share these with your husband or
wife. This also applies to assets and debts you
already had jointly before the marriage. However,
assets and debts that were private before your
marriage, i.e. belonged to you alone, also remain
private during the marriage.

Consequences for your business


Marrying in limited community of property
affects your business.

•• Did you already have your business before


you got married? Then your business does
not fall into the limited community of
property. Only you own the proceeds and
any debts of your business.

•• Do you start your business during the


marriage? Then your company and all its
proceeds and debts do belong to the
limited community of property. You then
share them with your partner.

•• Gifts and inheritances received before or


during the marriage are part of your private
assets.

Risks
There are disadvantages and risks for
entrepreneurs in marrying without a prenuptial
agreement. For example, it may be unclear who
owns what and how the income and/or value of
your business should be shared between you
and your partner if you get divorced, one of you
dies, or the business goes bankrupt.

Agreeing who owns what


If you cannot prove that something belongs to
you, the law assumes that it is communal and
therefore must be shared. So, keep good records
of who owns what. You can do this, for example,
by including a list of your private property and
debts in the deed of prenuptial agreement you
draw up with a notary.

You can also make and sign a list together


and/or keep receipts of purchases you have paid
for with your private money and want to keep
private. Note: the things you agree and keep
together without a notary will not count as
official evidence if you have creditors.

Divorce
In the event of a divorce, your partner can claim
half the value of your business. Has your partner
contributed to the growth of your business? For
example, by working in the business or putting
their own money into it? Then your partner can
ask for additional compensation for this.
Disagreements about this can be avoided with
prenuptial agreements.

Prenuptial agreements
You do not have to marry in limited community
of property. You can also marry with a prenuptial
agreement. You and your partner can draw up
Feedback

completely tailor-made conditions. You


determine what is or is not communal, how you
contribute to the costs of the common
household, and how you deal with savings or
your own business, for example. For example,
you can include in your prenuptial agreement
that only your household contents or house are
communal. Everything else will then remain
private.

Notary
To draw up a prenuptial agreement, you have to
go to a notary together. There you put down on
paper agreements about your possessions and
debts before, during, and after your marriage.
You indicate what is and is not joint property,
and how you will divide everything if you get
divorced or if one of you dies.

Reasonable compensation
Within a marriage, partners are required by law
to both contribute  to the costs of the joint
household.

If you are employed, what you earn during the


marriage automatically falls into the limited
community of property. In other words, you have
to share it with your partner. Does your income
come from a business you had before you got
married? Then this income remains yours
privately and is not shared with your partner. But
you do have a legal obligation to pay a
'reasonable compensation' (in Dutch) to the joint
household. Exactly how high this reasonable
compensation is varies per situation.

If you start a business during your marriage, the


reasonable compensation does not apply. Then
your business is automatically joint. The assets
and any debts of the business then belong to
you and your partner together.

Advice
Whether you marry with or without a prenuptial
agreement: discuss together with your partner
what you want and expect from each other. If
you have any questions, contact a legal advisor
or notary.

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Also of interest

Starting a business: what to arrange?

Compensation for your co-working


partner

Prepare your company for succession

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