Marrying as an entrepreneur: limited community of property or a prenuptial agreement
Written by Ilias Aarrass5 min read · Published on · Last reviewed on 
In short
If you married without an agreement from 1 January 2018, the limited community applies: a business from before the marriage stays yours, but you pay the community a reasonable compensation for your work; a business started during the marriage falls into it. With a prenuptial agreement through a notary you can, among other things, record that your partner is not liable for your business debts.
- Marriages from before 2018 without an agreement fall under the full community of property.
- Inheritances and gifts remain private under the limited community.
- A prenuptial agreement can be made before and during the marriage.
- The notary registers the agreement in the public matrimonial property register.
Getting married or entering a registered partnership has consequences for your business, even if that is not on your mind on the big day. Matrimonial property law determines who owns your business, who shares in its growth in value and whether your partner can be held liable for your business debts. Since 1 January 2018 a different default applies than before. This article explains how the limited community of property works for entrepreneurs, what a prenuptial agreement can arrange and which questions to ask a notary. It is a general explanation; for your own situation the notary is the point of contact.
Which regime applies to you?
What applies depends on when you married and whether you recorded anything. A registered partnership follows the same rules as a marriage.
| Situation | What falls into the community |
|---|---|
| Married before 2018 without an agreement | Everything: assets and debts from before and during the marriage, including inheritances |
| Married from 2018 without an agreement | What you owned together and what you build up during the marriage; not what you owned alone beforehand, nor inheritances or gifts |
| Prenuptial agreement | Whatever you agreed with the notary |
| Cohabiting with a cohabitation agreement | No community; partner is not liable for your business debts |
Your business in the limited community
If you already had your business before you married, it remains yours in the limited community. You must, however, pay the community a reasonable compensation for your work in the business, comparable to a salary. If for years you take little out of the business while its value grows, that can lead to a settlement on divorce.
If you start the business during the marriage, it falls into the community. On divorce its value is then in principle shared; read divorce when you run a business for how that value is determined.
Business debts and your partner
With a sole proprietorship, vof, cv or maatschap you are liable for business debts with your private assets; see personal liability in a sole proprietorship. If your business or assets fall into a community, creditors can also claim against that community, and so against property you own together with your partner. With a prenuptial agreement you can record that your partner is not privately liable.
With a BV the BV itself is liable, but there are exceptions there too; see director's liability in a BV. If you are still deciding on a legal form, read sole proprietorship or BV.
Prenuptial agreements: what you can arrange
You make a prenuptial agreement with a notary, before or during the marriage. Even if you are already married and just starting as an entrepreneur, it is still possible. The notary registers the deed in the public matrimonial property register, so creditors can see what applies. Common forms are exclusion of any community, with or without a settlement clause under which you divide income annually or at the end.
- Does my business currently fall into a community, and what happens if I set up a BV?
- How do we protect the joint home and other assets against business debts?
- How do we arrange things if my partner works in the business?
- What does the choice mean for my partner and children on death?
Tax and practical points
A prenuptial agreement does not change your tax partnership: if married, you are tax partners regardless of the matrimonial regime. If your partner works in the business, also look at the partner's work deduction. Review your situation with the notary again if your business grows, if you convert to a BV or if you buy premises.
Frequently asked questions
Is my business from before the marriage mine alone?
For a marriage from 2018 without an agreement, yes, but you must give the community a reasonable compensation for your work in the business.
Can I still make a prenuptial agreement after marrying?
Yes, during the marriage you can also do this with a notary. That is useful, for example, if you only become an entrepreneur later.
Does this also apply to a registered partnership?
Yes, the same rules apply. Instead of a prenuptial agreement it is then called a partnership agreement.
Sources
- What am I entitled to if I marry in community of property?Rijksoverheid · rijksoverheid.nl
- Preventing partner liabilityOndernemersplein · ondernemersplein.overheid.nl
Sources checked on
This article provides general information based on the rules known for 2026 and does not replace personal tax advice. For your specific situation, we're happy to take a look with you.
