Title 7

A community of property (gemeenschap) exists when one or more assets belong to two or more participants jointly.

Assets which must be deemed to replace a community asset shall belong to the community.

The participants may regulate the enjoyment, the use and the management of communal property by agreement.

Unless a regulation provides otherwise, each co-owner is entitled to the use of a common property, provided that this use is compatible with the…

Acts serving the purpose of ordinary maintenance or the preservation of a common property, and in general acts that cannot be delayed, may be…

Unless a regulation provides otherwise, each co-proprietor is authorised to institute legal actions and to submit petitions for the purpose of…

Unless a regulation provides otherwise, the participants shall share in the fruits and other benefits yielded by the community property in proportion…

Each of the co-owners may demand an accounting and justification from the person among them who has conducted the management for the others, annually…

The court that would have jurisdiction over a claim for division or before which such a claim is already pending may, upon the petition of a…

Unless the legal relationship between the joint participants provides otherwise, each of them may dispose of their share in a community property.

The acquirer of a share or a limited right therein must immediately give notice of the acquisition to the other co-proprietors or to the person who…

If a common property is partitioned or transferred while a limited right (beperkt recht) encumbers the share of a co-owner, then that right shall…

Each of the co-proprietors, as well as a person who holds a limited right to a share, may at any time demand the division of a community property…

If a division of a community asset is claimed, each of the co-proprietors may demand that all assets belonging to the community and the debts…

A creditor who has an exigible claim against a joint owner may demand partition of the community, but no further than is necessary for the recovery…

In the event that co-proprietors or those whose cooperation is required fail to cooperate in a division after it has been ordered by a judicial…

Any juridical act in which all co-proprietors participate, whether in person or by representation, and by virtue of which one or more of them acquire…

The division may be effected in the manner and form that the parties deem fit, provided that the co-proprietors and those whose cooperation is…

Each of the co-proprietors may, upon a division, require that there be imputed to the share of another co-proprietor that which the latter owes to…

Insofar as the co-proprietors and those whose cooperation is required cannot reach agreement on a partition, the court shall, at the request of the…

For the transfer of that which has been allocated to each of the co-proprietors, a delivery is required in the same manner as prescribed for a…

The documents and titles of ownership, belonging to the allocated assets, shall be handed over to the person to whom the assets have been allocated.

Unless otherwise agreed, participants are obliged, in proportion to their shares, to indemnify each other for damage resulting from an eviction or…

The provisions of this title do not apply to a community of property between spouses (huwelijksgemeenschap), a community of a registered partnership…

A joint owner may not dispose of his share in an asset belonging to the community separately, and his creditors may not recover against such a share…

Unless otherwise provided by the legal relationship between the co-owners, each of the co-owners may dispose of his share in the entire community and…

Debts belonging to the community may be recovered from the assets of the community.

A creditor whose claim may be recovered from the assets of the community may petition the court to appoint a liquidator (vereffenaar) when the…

Each of the co-proprietors may demand that a partition commences with an inventory of the estate.

A division in which not all co-proprietors and all other persons whose cooperation was required have participated is void, unless it has been…

In addition to the general grounds applicable to the annulment of juridical acts, a division is also voidable if a participant has acted under a…

The power to annul a division on the grounds of prejudice shall lapse when the other co-proprietors grant to the prejudiced party, either in money or…

If a claim is made in court for the voidability of a division, the court may, without prejudice to the provisions of Articles 53 and 54, at the…

Articles 228-230 of Book 6 do not apply to a division.

A right of action for the annulment of a division shall lapse by the expiry of three years after the division.