Who owns what in a marriage in the Netherlands?

Property acquired during the marriage is joint by default

In the Netherlands the default is a limited community: what is acquired during the marriage is joint, as are the debts, while property from before and gifts and inheritances stay personal.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

What applies by default

For marriages since 2018, only property acquired during the marriage is joint, together with the debts. Property from before the marriage and gifts and inheritances stay personal. Earlier marriages were under a universal community of everything.

When the marriage ends in divorce

The joint property is divided equally, and each spouse takes their own.

A marriage contract

A marriage contract is made before a notary, before or during the marriage, and can set up separation of property or other arrangements.

What stays your own, and gifts

Property from before the marriage, gifts and inheritances stay personal.

If one spouse is a foreigner

In member states that take part in the EU Matrimonial Property Regulation, the law that governs the spouses' property is set by common rules, and spouses may choose from a short list of laws in a written agreement. Check whether the country takes part.

What to watch for

Couples who married before the 2018 change may still be under the older universal community.

Understand the legal system first

The Netherlands belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Netherlands legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in the Netherlands? →

Official sources

European e-Justice Portal: matrimonial property regimes in the EU

Take it further

Country Legal Pack: Netherlands $5
Inheritance, marriage, children, property and arrest rules in one PDF, with questions for a lawyer.
Prenuptial Agreement template $5
Set the property rules before the marriage, in your own terms.
Cohabitation Agreement template $5
For couples who live together without marrying.
Family Law course $15
Marriage, divorce, custody and support, step by step.
Divorce Settlement Agreement template $5
Divide property and settle the terms in writing.

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TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.