In a divorce, the joint home often forms the most important asset. It is crucial to determine who will continue to live there and how the home will be settled in Utrecht.
Options for the home
| Option | Description |
|---|---|
| Takeover by one partner | Buy out the other and transfer the mortgage into one's own name |
| Sale of the home | Fairly divide the proceeds between partners |
| Temporary retention | For example, until the children reach the age of majority ('nesting') |
| Rental of the home | Share rental income jointly |
Home takeover by one partner
If one partner in Utrecht wants to keep the home, the following steps are required:
- Payment of half of the equity to the ex-partner
- Meeting the bank's financial requirements for the mortgage
- Releasing the ex-partner from joint and several liability
- Possibly having an appraisal of the home carried out
Who stays in the home in Utrecht?
If there is no agreement on who stays in the home, the District Court of Midden-Nederland in Utrecht may impose a temporary arrangement. Relevant factors are:
- With whom the children primarily reside
- Who can more easily find alternative housing
- Who needs the home the most
- The ownership proportions of the home
Rental property in divorce
In the case of a rental property, the court in Utrecht may decide that one partner receives the tenancy right, even if both are on the contract. The other partner must then leave, and the landlord must accept this.
Financial consequences
| Situation | Effect |
|---|---|
| Home equity | Usually divided fifty-fifty (or according to agreements) |
| Negative equity in home | Remaining debt also divided |
| Mortgage interest deduction | Maximum 2 years after departure still deductible for the departing partner |
| Owner-occupied property imputation | Allocated to the partner who continues to live there |
What if the bank does not refinance the mortgage in Utrecht?
If the bank refuses due to insufficient income of the remaining partner, options such as counting alimony as income, using the National Mortgage Guarantee (NHG), or ultimately selling the home can be considered.How is the home value determined in Utrecht?
The value is often determined by a certified appraiser in Utrecht. Partners can also agree on an amount together. In case of disagreement, the court may appoint an expert for a binding valuation.What if my ex-partner does not cooperate with the sale in Utrecht?
If sale is necessary but your ex-partner refuses, you can ask the District Court of Midden-Nederland in Utrecht for substitute consent. The court can then enforce the sale.Frequently asked questions about divorce and home in Utrecht
How is the home divided in a divorce in Utrecht?
In a divorce in Utrecht, options such as takeover by one partner, sale, temporary retention, or rental are possible. The decision depends on financial circumstances and personal needs. A mediator or lawyer in Utrecht can help make the right choice.What happens to the home equity in a divorce in Utrecht?
The equity is normally divided equally, unless otherwise agreed. A notary in Utrecht can provide advice on the specific division.Can I buy out my ex-partner in a divorce in Utrecht?
Yes, by paying half of the equity and carrying the mortgage independently. You must meet the bank's income requirements and have your ex-partner released from liability. Lawyers in Utrecht can assist with this.What if we cannot agree on who stays in the home in Utrecht?
In case of disagreement, the District Court of Midden-Nederland in Utrecht can make a provisional arrangement. Factors such as the children's residence and the possibility of other housing are taken into account. A local lawyer can assist you.How is the value of the home determined in a divorce in Utrecht?
The value is often determined by an appraiser in Utrecht. You can also set a value together. In disputes, the court may appoint an expert for a binding decision.What happens to a rental property in a divorce in Utrecht?
In the case of a rental property, the court in Utrecht may allocate the tenancy right to one partner, even if both are on the contract. The other partner must then leave, and the landlord must accept this.For legal support, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55, or submit matters to the District Court of Midden-Nederland, Vrouwe Justitiaplein 1.