Community of Property Division in Tilburg

Community of Property Division in Tilburg

For residents of Tilburg, the community of property division is a crucial element in divorce or the termination of a registered partnership. In this process, joint assets and debts are fairly divided between former partners. This regime applies to marriages and partnerships entered into before January 1, 2018, in Tilburg or elsewhere, unless otherwise specified through marriage conditions. It ensures an equal share in the common estate, but a thorough inventory is essential to avoid conflicts. In Tilburg, you can seek assistance from the Legal Aid Office Tilburg for free advice.

What does community of property mean for Tilburg residents?

The community of property is the default matrimonial property regime in the Netherlands for marriages and registered partnerships before January 1, 2018, without marriage conditions. All assets and debts acquired during the marriage fall into a shared estate, meaning income or purchases by one partner also belong to the other. Pre-marital assets remain private, unless they become mixed with the community, for example, by being used in a Tilburg household.

Since the 2018 Act on Marriage Property Law Reform, the standard has shifted to a limited community of property, where only assets acquired during the marriage are shared. Older marriages in Tilburg still fall under the full community, unless partners choose a different regime through a notary in the region. Division occurs upon dissolution, such as divorce, death, or separation, and can be handled by the District Court of Zeeland-West-Brabant in Breda.

Legal basis for division

The guidelines for the community of property division are outlined in the Dutch Civil Code (BW), Book 1. Relevant articles include:

• Article 1:94 BW: Establishes community of property as the default for marriages before 2018.
• Article 1:99 BW: Defines the community as all assets and debts outside private property.
• Article 1:111 BW: States that upon dissolution, the estate is divided into two equal parts, after deducting debts and private property.
• Article 1:119 BW: Gives the court the authority to impose a division procedure in case of disputes.

Similar rules apply to partnerships under Title 6 of Book 1 BW. With marriage conditions, the division deviates, but under the standard regime, the law applies. In international cases in Tilburg, the Hague Convention on Matrimonial Property Regimes (EU regulations) may come into play. The Municipality of Tilburg provides support for registering partnerships.

Comparison with other property regimes

This table illustrates that full community division in Tilburg can often be more complex, especially with debts, inheritances, or local real estate such as a home in the Het Zand neighborhood.

How does the division work in practice in Tilburg?

The community of property division begins with an estate inventory: assets like a Tilburg row house, car, or savings, and liabilities such as debts or a mortgage. Partners prepare this with the help of a mediator or notary from the region, often through the Legal Aid Office Tilburg. Valuation occurs as of the divorce date.

Step-by-step process:

1. Identify the estate: What is shared? A house in Tilburg purchased during the marriage is joint, regardless of who paid.
2. Valuation: Appraisal by local experts for real estate; market value for other items.
3. Settlement: Deduct debts; exclude private assets like inheritances, unless invested in the estate.
4. Splitting: Divide the net estate equally. Buyouts or sales of assets are possible.
5. Confirmation: Agreement via a settlement deed, or court intervention by the District Court of Zeeland-West-Brabant in Breda.

In cases involving children or a local business in Tilburg, the court considers third-party interests, in line with Article 1:112 BW.

Practical examples for Tilburg

Consider Anna and Bert, married in 2010 in Tilburg under community of property, divorcing in 2023. They own a house in the Hasseltroton area (€400,000 value, €200,000 mortgage), €50,000 in savings, and a car worth €20,000. Anna's inheritance of €100,000 remains private. The estate: €400,000 - €200,000 + €50,000 + €20,000 = €270,000, so €135,000 per person. Anna's inheritance is excluded. If Bert wants the car, he buys out her share.

If pre-marital debts were paid with shared funds, account for this. This can lead to disputes, where the court rules based on evidence like bank statements. In a recent case at the District Court of Zeeland-West-Brabant (2022), a pension was deemed shared, despite being in one name, due to contributions from the joint estate during the marriage in Tilburg.