Universal Community of Property for Residents of Tilburg

Universal Community of Property

For married couples in Tilburg, the universal community of property is a matrimonial property regime in which all assets and liabilities of both partners merge into a single shared estate. This covers property acquired during the marriage as well as what each spouse brings into it, such as family inheritances or gifts. In Tilburg, you choose this regime through notarial marriage settlement conditions, unlike the default limited community of property that has applied since 2018.

Legal Basis

Family law governing marriages is found 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 as a regime under which all property of both spouses becomes common, except for any explicit exclusions specified in the conditions. Prior to January 1, 2018, this was the default regime throughout the Netherlands, including Tilburg. The Act Limiting the Statutory Community of Property (2017) made the limited community the new standard, but Tilburg residents can still opt for the universal regime via a notary (article 1:93 CC).

What Falls Under It in Tilburg?

Under this regime, all assets and debts are pooled into a shared estate. This includes:

• Pre-marital assets, such as a house in the Tilburg Heikant neighborhood;
• Inheritances or gifts, unless subject to an exclusion clause;
• Salaries, AOW pensions, and business investments;
• Obligations such as mortgages or personal loans.

There is no separate private property, unless stipulated by contract—for example, for a family business in Tilburg.

Differences with Other Regimes

The universal community of property differs from other options. Overview:

Read more about the default community of property in our article.

Rights and Obligations for Couples in Tilburg

Rights:

• Equal management rights over the estate (article 1:99 CC);
• No unilateral disposal above the limit, such as selling a home on Krullevaarstraat (article 1:100 CC);
• Upon termination: equal division after settlement.

Obligations:

1. Transparency regarding finances (article 1:101 CC);
2. Prudent management as a good householder;
3. Both partners bear personal liability for debts.

Practice Cases from Tilburg

Case 1: Family Inheritance. Sophie from Tilburg inherits €200,000. It enters the common pool and is divided with her husband Tom upon divorce, absent an exclusion clause.

Case 2: Local Business. Mark runs a shop on Heuvelstraat with his wife Eva. Everything is shared; bankruptcy could lead to foreclosure on their home in Tuinstraat.

Case 3: Contribution of Home. Lisa contributes her family home in Westermarkt (valued at €450,000). It becomes shared property, but divorce may trigger an equalisation clause.

These examples highlight risks when contributions are unequal in a Tilburg household.

Termination and Division

Dissolution occurs upon divorce (article 1:112 CC) or death, handled by the District Court of Zeeland-West-Brabant in Breda. Steps:

1. Estate inventory;
2. Settlement of contributions;
3. Drawing lots or auction in case of dispute;
4. Decision by notary or court.

Costs: notary €500–€2,000, plus attorney fees in disputes. Start at Tilburg Legal Aid Office.

Frequently Asked Questions

Tips for Tilburg Residents

Opt for universal community of property only with full trust and equal partnership. Prefer not to?

• Consult Tilburg Legal Aid Office for advice;
• Add clauses for local businesses;
• Arrange wills;
• Review marriage settlement conditions.

For assistance: Tilburg Legal Aid Office. More: division of assets in divorce.

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