Title 7 — The statutory community of property · Civil Code — Book 1

Section 1

General provisions

1:93 Article 1:93

By prenuptial agreement, the provisions of this title may be departed from expressly or by the nature of the clauses, except insofar as provisions…

1:94 Article 1:94

From the moment of the solemnisation of the marriage (voltrekking van het huwelijk), a community of property exists between the spouses (echtgenoten)…

1:95 Article 1:95

An asset that a spouse acquires other than for no consideration shall remain outside the community of property if the consideration for the…

1:95a Article 1:95a

If an enterprise falls outside the community of property, a reasonable compensation for the knowledge, skills, and labour that a spouse has applied…

1:96 Article 1:96

For a debt of a spouse, regardless of whether it has fallen into the community, both the assets of the community and his own assets may be recovered.

1:96a Article 1:96a

If a spouse has made a gift to a third party by means of a designation as beneficiary under a life insurance policy (sommenverzekering) where the…

1:96b Article 1:96b

Spouses may by agreement deviate from the amount of the reimbursements pursuant to Articles 95, 96 and 96a. Article 87, paragraph 4, second sentence…

Section 2

Administration of the community

1:97 Article 1:97

An asset that is registered in the name of a spouse or that he has acquired by virtue of intestate succession, testamentary disposition, testamentary…

1:98 Article 1:98 repealed

Section 3

Dissolution of the community

1:99 Article 1:99

The community of property is dissolved by operation of law:

1:100 Article 1:100

The spouses have an equal share in the dissolved community, unless otherwise provided by antenuptial agreements or by an agreement concluded in…

1:101 Article 1:101

After the dissolution of the community, each of the spouses has the authority to take over the clothes and jewelry intended for his or her use, as…

1:102 Article 1:102

After dissolution of the community, each of the spouses remains liable for the whole for the community debts for which he was liable prior thereto…

1:103 Article 1:103

Each of the spouses has the right to renounce the community; all agreements to the contrary are void.

1:104 Article 1:104

The spouse who wishes to avail themselves of the privilege described in the preceding article is obliged, within three months after the dissolution…

1:105 Article 1:105

The heirs of a spouse, by whose death the community has been dissolved, or who has died within the period set forth in the preceding article without…

1:106 Article 1:106

The court of the place where the deed of renunciation must be registered may, on the grounds of special circumstances, extend the period prescribed…

1:107 Article 1:107

The spouse or his heir, who has appropriated the assets of the community or has disposed of or embezzled assets thereof, may no longer renounce. Acts…

1:108 Article 1:108

Renunciation of the community, performed by a spouse or an heir of a spouse after renunciation has been performed by the other spouse or one or more…

Section 4

Termination of the community by court order

1:109 Article 1:109

A spouse may petition for the termination of the community of property when the other spouse recklessly incurs debts, wastes the assets of the…

1:110 Article 1:110

The spouse who petitions for the dissolution of the community may, for the preservation of his right, take the measures further specified in the Code…

1:111 Article 1:111

If the spouse against whom the petition has been granted has prejudiced the community by recklessly incurring debts, wasting community assets, or…

1:112 Article 1:112 repealed

1:113 Article 1:113

If the community has been dissolved by termination, the spouses may thereafter, however only by means of marriage contract, once again agree upon a…