You are separating and want to know whether you can stay in your home. Perhaps you want to maintain stability for your children, stay close to work or avoid having to find another property in Eindhoven. The first question is whether you can afford the mortgage on your own and settle the division of the home with your former partner.
Divorce does not automatically mean you have to sell your home. At Homeloan, I assess your options for keeping the property. You get clarity about taking over the mortgage, buying out your partner and your monthly payments after separation.
Can you stay in your home after a divorce?
This depends on your income, your existing mortgage, your agreement about the property and any additional borrowing you need. Your other financial commitments and your expenses after separation also matter.
Being able to afford the mortgage and being able to buy out your partner are two separate questions. Your income may cover the current payments while an additional loan for the buyout is beyond your borrowing capacity. Using savings can reduce the amount you need to borrow.
I therefore start with a complete overview: which debt will you take over, how much needs to be settled and what will your monthly budget look like afterwards? A standard online mortgage calculation often provides insufficient insight when you are separating.
Buying out your partner: how much money do you need?
The current property value, outstanding mortgage and your ownership shares are important for the buyout. A valuation can establish the market value. Equity is not automatically split equally: agreements about personal contributions and the legal rules governing your assets may affect the division.
Did you contribute different amounts when buying the property? Read about buying a house together with unequal contributions. A civil-law notary, mediator or lawyer helps establish the legal division; I translate those arrangements into the financing required.
Example: a buyout with additional mortgage borrowing
Suppose you each own half the property and are entitled to half the equity. There are no different arrangements, reimbursement claims or savings linked to the mortgage.
| Item | Amount |
|---|---|
| Property value | €480,000 |
| Outstanding mortgage | €300,000 |
| Equity | €180,000 |
| Your former partner’s share of the equity | €90,000 |
| Total mortgage if the entire buyout is financed | €390,000 |
In this illustrative example, you need to qualify for €390,000 on your own, rather than just the existing €300,000. Mortgage advice, valuation and notary fees are not included. If you use €30,000 of your own money towards the buyout, the required mortgage falls to €360,000, excluding those costs.
Having equity does not automatically make a buyout easy: the money is tied up in the property rather than available in your bank account.
Putting the mortgage in one name: release from joint and several liability
If you are both named on the mortgage, simply agreeing who will make the payments is not enough. The lender must release the departing partner from joint and several liability, known in Dutch as ontslag uit hoofdelijke aansprakelijkheid. Until this is arranged, that partner can still be held liable for the joint mortgage debt.
The lender assesses whether you can continue the mortgage independently. The transfer of ownership must also be arranged correctly. An agreement in your divorce settlement does not replace the lender’s consent.
I align the financing with the division of the property so that taking over the home and releasing your former partner from liability fit together.
Does NHG offer more options for keeping your home?
If your mortgage has Nationale Hypotheek Garantie, the Dutch National Mortgage Guarantee, the NHG affordability assessment for existing mortgages, or Beheertoets, can help assess affordability after a separation. It considers your actual mortgage payments and changed circumstances. The payments must also be expected to remain affordable in the longer term.
This does not automatically allow you to borrow more. Standard lending rules remain the starting point; an individual exception needs supporting evidence and the lender’s approval. Additional borrowing for a buyout also requires an appropriate assessment.
If your mortgage does not have NHG, I will still investigate the options available with your lender. The outcome depends on your circumstances and the lender’s criteria.
Can you keep your existing mortgage interest rate?
A low interest rate on your current mortgage can make a substantial difference to your monthly payments. I therefore first assess what is possible within the existing mortgage. Whether your rate and loan parts can continue depends on the terms and the changes required.
Additional borrowing may carry a different interest rate. Your overall payment may therefore combine existing loan parts with a new part for the buyout. Refinancing the entire mortgage is not automatically the best solution.
Mortgage interest tax relief after divorce
Taking over your former partner’s share of the property also has tax consequences. Interest on a loan used for the buyout is only deductible if the applicable conditions are met. A new loan part generally needs to be repaid on an annuity or straight-line basis; any transitional tax rules require an individual assessment.
For the departing partner, the Dutch rules on using home equity for a subsequent purchase, known as the bijleenregeling, may be relevant. Agreeing a deliberately lower buyout amount can also have tax consequences. Have the financing and division arrangements assessed together before making them final.
What are the practical steps?
- Establish your starting position. Gather your mortgage statement, income documents and agreements about ownership and personal contributions.
- Have the financial feasibility assessed. I calculate what keeping the home means for the loan, the buyout and your future monthly payments.
- Agree the division. Discuss the financial outcome with your mediator, lawyer or civil-law notary before finalising your arrangements.
- Arrange the application and transfer. Once the lender has approved the application, the necessary mortgage and ownership changes can be completed.
For an initial meeting, also bring information about savings, other loans and any maintenance arrangements. You do not have to wait until the divorce is finalised.
Mortgage advice for divorce and separation in Eindhoven
At Homeloan, you receive personal advice from me, Niels de Jong. I make your financial options clear so that you know whether keeping your home is feasible and which steps are needed. I also consider the room you want to keep in your budget for everyday life after separation.
You are welcome at my office in the Lichttoren in Eindhoven or online. Find out more about the mortgage advice process at Homeloan.
Frequently asked questions
Do we have to sell our home if we separate?
Not always. If one of you can afford to take over the property and you arrange the division properly, keeping the home may be possible. The lender must agree to the mortgage continuing in one name.
Can I buy out my former partner without using savings?
This may be possible if the additional borrowing meets the lender’s requirements for your income, property value and circumstances. You also need to account for the costs of the buyout and financing.
Is my former partner released from the mortgage when they move out?
No. Moving out or changing the registered address does not end liability for the mortgage. A formal release from the lender is required.
What if an online calculator says I cannot borrow enough?
Have your circumstances assessed individually. A supported exception may sometimes be possible when continuing an existing mortgage. This does not mean every buyout can be financed.
Can you also help if we are not married?
Yes. Unmarried partners may also need to transfer the home and mortgage into one name after separating. The ownership deed and any cohabitation agreement are important starting points.