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Owner-occupied home
Owner-occupied home

Buying out an ex-partner from the owner-occupied home

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Detailed explanation, checklist and sources

When buying out an ex-partner, not only the home's value and mortgage matter. Check ownership, mutual agreements and the bank's consent.

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Map out the financial position

Collect the deed of ownership, the current mortgage debt and agreements about money each person contributed personally. Agree on how you will determine the home's value and which date you will use for that purpose.

Discuss financing with the bank

An agreement between you and your ex-partner does not automatically mean that the departing partner is no longer responsible for the mortgage. Have the lender assess what is possible.

Record the division carefully

Have the notary arrange the transfer of ownership and division. Also agree who will pay interest, maintenance and other charges until then.

Your checklist

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Deed of ownership

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List events and contacts. Note where you keep the evidence; no upload is needed.

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Record what happened, when, the response and where to find the letter, message or photo. Mark uncertain dates.

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For each event, note the date, what happened and where the evidence is kept. Example: 3 October — letter received — correspondence folder.

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After your conversation

These are your own notes. Confirm agreements with the other person; these notes do not prove their agreement.

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  • Deed of ownership
  • Mortgage and valuation
  • Cohabitation or marriage agreements

Frequently asked questions

Is half of the equity always the buyout amount?

No. The ownership ratio, rights of reimbursement and other agreements may have an impact; a calculation does not replace that assessment.

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Sources and further information

Royal Dutch Association of Civil-Law Notaries — buying a home together ↗

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