Limited Community of Property
For marriages and registered partnerships in Tilburg after January 1, 2018, the limited community of property applies as the default regime. Only assets built up during the marriage enter the community, while pre-marital possessions, inheritances, and gifts remain separate property. This offers extra protection for couples from Tilburg in the event of divorce or death.
Legal Basis
This regime is laid down in Book 1 of the Civil Code (CC), Articles 1:93 to 1:104. Since 2018, it applies automatically at the municipality of Tilburg unless different matrimonial property arrangements are agreed at the ceremony or with a notary. Pre-2018 marriages transitioned under Article 1:88(2) CC; check this with Juridisch Loket Tilburg or a notary.
What Forms Part of the Community?
In Tilburg, the limited community of property includes only:
- Salaries, bonuses, and other income from work during the marriage.
- Assets purchased with joint funds, such as a home in a Tilburg neighborhood.
- Debts for shared expenses, e.g., a mortgage on a house in Tilburg.
The community begins at the exchange of vows and ends upon divorce, death, or change of regime.
What Remains Separate Property?
For residents of Tilburg, much stays separate, unlike in the past:
- Assets and debts at the start of the marriage.
- Inheritances and gifts, even if received later.
- Returns on separate property, such as interest on an inheritance.
- Pensions accrued before the marriage.
Good record-keeping is essential to avoid disputes at the District Court of Zeeland-West-Brabant.
Rights and Obligations
Spouses share equally in the community: 50/50 upon division. Key rules:
- Joint Management: Both administer and divide community property (Art. 1:97 CC).
- Transparency: All documents relating to community property must be accessible.
- Consent: Major decisions, such as selling a house in Tilburg, require agreement.
Joint debts create joint and several liability.
Practical Examples from Tilburg
Example 1: Anna and Bert marry in 2020 at the municipality of Tilburg without arrangements. Anna inherits €100,000; it remains separate. Salary deposited into their joint account is community property.
Example 2: Karel owns a house in Hasselt with a mortgage before marriage. It remains separate, but repayments from salary make that portion community property (Art. 1:95 CC).
Example 3: Divorce in 2023: A jointly acquired house from during the marriage is fairly divided by the court. Separate inheritance stays separate.
Comparison of Property Regimes
| Regime | Community Property | Separate Property | Application |
|---|---|---|---|
| Limited Community | Only during marriage | Pre-marriage, inheritances, gifts | Default since 2018 in Tilburg |
| Full Community | Almost everything | Minimal | Pre-2018 (or with arrangements) |
| Complete Exclusion | Nothing | Everything separate | Via notarial deed |
Read more about division in Division upon Divorce.
Frequently Asked Questions
I married before 2018 in Tilburg, what now?
Transitional rules apply: limited community since 2018. Have your documents reviewed by a notary or Juridisch Loket Tilburg and adjust if needed.
Are matrimonial property arrangements necessary?
Not always, but advisable with unequal assets or a business. Visit a notary in Tilburg.
How does the court divide upon divorce?
District Court of Zeeland-West-Brabant (Breda) or a mediator divides 50/50 after review. Separate property remains separate.
Does this apply to cohabitants in Tilburg?
No, only marriages/registered partnerships. Cohabitants arrange via contract.
Tips for Tilburg Residents
Avoid hassle:
- Draw up matrimonial property arrangements with a notary, especially with a business.
- Separate accounts: separate vs. community.
- Prove inheritances/gifts with statements.
- Consider a settlement agreement for a smooth divorce.
- Contact Juridisch Loket Tilburg for free consultations or family law advice.
More info: Matrimonial Property Arrangements, Division upon Divorce, Partnership Property.