In a divorce, the home is rarely just a home. It is the largest item in the division, the place where the children live and usually the subject on which the conversation gets stuck.
There are three options: sell, one of you buys the other out, or you keep the home together for the time being. In practice, which one is feasible is decided by the bank, not by you. So first have someone calculate whether a buyout is possible, before you make agreements about who stays.
On paper you have three options. In practice, two of them usually drop out before you have properly thought it through.
| Option | What it involves | Condition |
|---|---|---|
| Selling | The home goes to a third party, the home equity is divided | Both agree, or through the court |
| One stays and buys the other out | The one who stays takes over the mortgage alone and pays out the other's share | The bank must approve the mortgage on one income |
| Keeping it jointly for now | Both remain owners, one lives there | Only works temporarily, and only if the relationship allows it |
In practice, a buyout most often founders at the bank. What was affordable together on two incomes is rarely affordable alone. That is not a question of willingness; it is a calculation that can be made in advance. Have it done before you make agreements, not afterwards.
As long as you have a mortgage together, you are both jointly and severally liable. The bank may claim the entire debt from either of you. That remains the case if you move out. That remains the case if you no longer contribute to the payments. And that remains the case until the bank officially releases you from that liability.
A divorce settlement (echtscheidingsconvenant) is not enough for that. What you agree between yourselves does not bind the bank. Only the bank can release someone from joint and several liability.
Someone moves out, signs the settlement and thinks it is sorted. Four years later, when applying for a mortgage on a new home, it turns out he is still on record for the full debt on the old house. Nothing went wrong. A release was simply never applied for.
The bank often assesses a release from joint and several liability as a new mortgage. It takes a fresh look at the income of the person who stays and at the value of the home. You submit documents again: income details, an employer's statement and the application form.
The bank can refuse. It is a mortgage application that is assessed against your income and financial situation, and there is no guarantee about the outcome in advance.
There is some room, though. The AFM allows a bank to deviate from the standard mortgage criteria in certain situations. This is called the explain option, and divorce is one example. So a rejection under the standard criteria is not always the end of the road.
If the bank does not agree, selling is the way out. The sale pays off the mortgage and ends the joint and several liability for both of you at the same time.
Expect costs for the notary (deed of division), a formal appraisal (taxatie), mortgage advice and administration fees at the bank. What that adds up to varies by bank and by situation. Anyone who quotes you a fixed amount without knowing your file is guessing.
Estimates of the lead time vary: from a few weeks to a few months, depending on the bank and on how complete your submission is. Don't count on a date, count on a margin.
How you divide it depends on how you were together.
That last one produces the most surprises. Anyone who lived together without putting anything in writing, with the home in one partner's name, is legally empty-handed, however much they contributed. It happens more often than you think.
There are two subjects we deliberately leave to an adviser: the home ownership reserve (eigenwoningreserve) and the additional borrowing rule (bijleenregeling), and the question of how long the departing partner may still deduct mortgage interest. Those rules are full of exceptions and the outcome depends on your file. We point out that they exist. Have them checked by someone who can see your figures.
Each party chooses their own estate agent to feel supported. The result: two valuations that are forty thousand euros apart, and a conversation that from that moment on goes nowhere. The formal appraisal that follows costs money and time that nobody wanted to spend.
One appraiser you both trust costs less than two estate agents each arguing their own side.
If you own the house jointly, it cannot be sold without your signature. If you cannot agree between you, the court can make a decision on the division.
No. You remain jointly and severally liable for the entire mortgage debt until the bank officially releases you from it. Moving out, no longer contributing to the payments or signing a divorce settlement does not change that.
No. A settlement covers what you agree between yourselves, but it does not bind the bank. Only the bank can release someone from joint and several liability.
Yes. The bank treats it as a mortgage application and assesses whether the person staying on can carry the costs alone. There is no guarantee in advance.
Then selling is the remaining option. The sale pays off the mortgage and ends the liability for both of you. Sometimes there is still room through the explain option, which allows the bank to deviate from its standard criteria.
For a divorce you will usually need a formal appraisal (taxatie): an official report that the bank and the tax authorities accept. A valuation is free and gives you an indication, but it does not have that status.
Then your cohabitation agreement determines what applies. If there is no agreement, what counts is the ownership split recorded in the Kadaster (land registry). Anyone who contributed financially but is not registered as an owner is in a weak legal position.
That varies widely from bank to bank: from a few weeks to a few months. The more complete the information you supply, the faster it goes.
We are the estate agent of Helmond and we do things just a little differently. We take a look with you, run the numbers and tell you honestly what we would do. Even if that means you should hold off for now.
Your language. We speak English, German and French. Write to us in Polish by WhatsApp and we reply in Polish.
No surprises in the contract. The purchase agreement is in Dutch and comes with an English translation, so you understand every clause.
Selling from abroad. We guide the whole sale remotely and arrange the paperwork with the notary.
