Divorcing in the netherlands when you are not married: what happens to your home?

• : Article

Many EU labour migrants in the Netherlands live together without being married. If you are now separating, you may be worried about your rights and about what will happen to the house you bought together.

Here is the good news: if you were NOT married, the separation process for your home is actually simpler and faster than for married couples in the Netherlands.

You do not need to go to court

For married couples in the Netherlands, a divorce requires a formal court petition. This takes time typically several months minimum.

For unmarried couples, there is no court involvement at all. You need one document: a settlement agreement (beëindigingsovereenkomst). This is a private agreement between you and your ex-partner that sets out who gets what, and what happens to the house.

Once you both sign this agreement, the bank can act on it. They do not need a judge’s decision. The process of restructuring or transferring the mortgage can begin immediately.

Who legally owns the house?

Ownership is determined by your purchase deed (leveringsakte) the legal document you signed when you bought the house, which is registered at the Kadaster (land registry).

The leveringsakte shows:

• Who the owners are.
• In what proportion each person owns the property (e.g. 50/50).

This document is what matters legally. Not how long you lived together. Not who paid more of the mortgage. Not who furnished the home. The deed is the legal starting point. If you do not have a copy of your leveringsakte, Domek can retrieve it from the Kadaster.

What if you also have a cohabitation agreement (samenlevingscontract)?

Some couples who are not married draw up a cohabitation agreement a samenlevingscontract. This document may include specific arrangements about the house: who has the right to buy out the other, at what price, or within what timeframe.

If you have one of these, it governs. Read it carefully with a legal or notarial advisor before making any agreements with your ex-partner. If you do not have one, the leveringsakte is your starting point.

The most common situation: one person stays, one leaves

If one of you wants to keep the house and the other is moving out or returning to their home country, here is what needs to happen:

Step 1: Get an official property valuation (taxatierapport)
A certified Dutch appraiser establishes the current market value. This is the basis for calculating what one partner owes the other.

Step 2: Calculate the buyout amount
Formula: Current value minus outstanding mortgage = equity (overwaarde). The leaving partner’s share of the equity is what the staying partner must pay them.

Example: House valued at €310,000. Mortgage outstanding: €240,000. Equity: €70,000. At 50/50 ownership, the leaving partner receives €35,000.

Step 3: Apply for a new mortgage (in the name of the staying partner only)
The bank assesses whether the staying partner can carry the mortgage alone. This is a fresh assessment based on their individual income. For labour migrants with flex contracts, see our dedicated article on this topic.

Step 4: Sign the notarial deed of division (akte van verdeling)
A Dutch notary draws this up. Both partners sign — either in person at the notary, or via power of attorney if one is abroad. The deed transfers ownership, releases the leaving partner from the mortgage, and registers the change at the Kadaster.

What if there is no overwaarde?

If the outstanding mortgage is higher than the current value of the house (onderwaarde), there is no buyout payment. Instead, both partners remain jointly responsible for the residual debt.

This situation requires careful handling. Neither partner can simply walk away. Options include: selling the house and splitting the shortfall, negotiating a payment plan with the bank, or in some cases applying for NHG coverage if your mortgage qualifies. Do not ignore this situation. Get advice early.

One important thing to know:

Unmarried couples in the Netherlands do not automatically acquire rights to each other’s property simply by living together. It does not matter whether you have been together for one year or fifteen years. Without a signed samenlevingscontract or a co-ownership arrangement in the purchase deed, your rights are limited to what is documented.

This is why the leveringsakte is so important — and why it is worth knowing exactly what it says before any negotiation begins.

How Domek helps

Domek regularly helps unmarried EU labour migrants resolve their housing situation after separation. We handle the mortgage assessment, coordinate the property valuation, and manage the notarial process all in-house, in English. You explain your situation once. We take it from there.

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