Mortgage and divorce

What happens to the mortgage when you separate

As long as both your names are on the mortgage deed, you both remain liable for the full debt, even if one of you has moved out and no longer contributes. The bank looks at who signed, not at who still lives there. That is why it pays to sort this out as early as possible, whether that means one of you takes over the home or the house goes up for sale.

Putting the mortgage in one name: the takeover and the income test

If one of you wants to stay in the home, that person has to take over the mortgage. The other partner then comes off the mortgage deed and is no longer liable. The bank reassesses whether the remaining partner's income alone is enough to carry the full mortgage payments, including any alimony paid or received. That income test is often the hardest part: an income that was comfortably sufficient for two is not always enough on its own. We run the numbers for you, using the bank's lending criteria, so you know exactly where you stand before you sit down at the notary.

If taking over is not an option: selling the home

If a takeover is not feasible, selling is what remains. In a region like Tilburg, where the housing market has picked up strongly in recent years, homes are often still worth more than the mortgage on them. That home equity can then be divided between you. If the home is worth less than the mortgage, you are left with a shared residual debt, which each of you continues to carry for your share, even after the divorce. We can help you think this through too: what selling means for your mortgage interest deduction, and how to avoid staying financially tied to each other longer than necessary through a joint loan.

NHG and divorce: a safety net many people overlook

If you originally took out your mortgage with the Dutch National Mortgage Guarantee (NHG), NHG can, under certain conditions, help with any residual debt if you are forced to sell. In a divorce, that can be relevant if the home is no longer affordable. NHG looks, among other things, at the reason for the sale and whether you fully cooperated in limiting the loss. Whether the scheme applies in your situation depends on the exact conditions. For new NHG mortgages, the 2026 limit is €470,000, or €498,200 if you also finance energy-saving measures. The NHG guarantee fee is 0.4% of the loan amount.

The practical side: how to handle this smartly

Try to sort out the mortgage as early in the divorce process as you can, before the settlement is signed. An appraisal report, a calculation of your takeover options and a conversation with the bank all take time, and you don't want to lose that time when there is already plenty going on. If you live in Tilburg, Berkel-Enschot, Goirle or elsewhere in the region, we know the local housing market well enough to give you a quick, realistic estimate of what your home is worth and what is financially feasible, whether you take over or sell.

A divorce is complicated enough as it is; the mortgage should not make it any harder. Want to know what is possible in your situation, with or without NHG? Get in touch for a no-obligation consultation. Call us on 06 52 69 88 22 or email Martin@belderbrandt.nl, we are happy to talk it through with you.