In a divorce, the joint home often forms the most important asset. A decision must be made about who will continue to live there and how the home will be settled.
Options for the Home in Leiden
| Option | Description |
|---|---|
| Takeover by one partner | Buy out the other, take over the mortgage |
| Sale of the home | Divide the proceeds after sale |
| Temporary retention | For example, until children reach majority ('nesting') |
| Rental of the home | Share rental income jointly |
Takeover by One Party
If one partner wants to take over the home in Leiden, the following steps are required:
- Payment of half of the equity to the ex-partner
- Independently bearing the mortgage payments (income test via bank)
- Arranging for the ex-partner to be released from joint and several liability
- Possibly having an appraisal of the home carried out
Who Remains in the Home?
If there is no agreement on who remains in the home, the court in Leiden may establish a temporary arrangement. Relevant factors include, among others:
- With whom the children primarily reside
- Who can more easily find alternative accommodation
- 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 Leiden may assign the tenancy agreement to one partner, even if both are named on the contract. The other partner must then leave, and the landlord must accept this.
Financial Consequences
| Situation | Effect |
|---|---|
| Home equity | Divided in halves (or according to agreements) |
| Negative equity in home | Remaining debt is also shared |
| Mortgage interest deduction | Maximum 2 years after departure for the departing partner |
| Owner-occupied property imputation | Attributed to the partner who remains living there |
What if the bank does not refinance the mortgage?
If the remaining partner does not have sufficient income, the bank may refuse. Possible solutions include: counting alimony as income, using NHG, or selling the home anyway.How do we determine the value of the home?
This is often done via an appraisal by a certified appraiser in Leiden. Partners can also agree on a value together. In case of disagreement, the court may appoint an expert for a binding valuation.What if my ex does not cooperate with the sale?
If sale is necessary but your ex refuses to cooperate, you can ask the court in Leiden for substitute consent. The court may then decide that the home must be sold.Frequently Asked Questions about Divorce and Home in Leiden
How is the home divided in a divorce in Leiden?
In a divorce in Leiden, there are several options for the home, such as takeover by one partner, sale, temporary retention, or rental. The choice depends on financial possibilities and personal circumstances. A mediator or lawyer in Leiden can help make the right choice.What happens to the equity in the home in a divorce in Leiden?
The equity is normally divided fairly between partners, or according to prior agreements. In Leiden, you can engage a local notary for advice on the division.Can I buy out my ex in a divorce in Leiden?
Yes, you can buy out your ex-partner by paying half of the equity and taking over the mortgage. You must meet the bank's income requirements and have your ex released from liability. Lawyers in Leiden can assist you with this.What if we do not agree on who remains in the home in Leiden?
In case of disagreement, the court in Leiden may make a provisional arrangement. Factors such as the children's residence and who can find alternative housing are taken into account. A lawyer in Leiden can provide legal support.How is the value of the home determined in a divorce in Leiden?
The value is usually determined by a recognized appraiser in Leiden. Partners can also agree on a value themselves. In disputes, the court may appoint an expert for a binding decision.What happens to a rental property in a divorce in Leiden?
In the case of a rental property, the court in Leiden may assign 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.Relevant institutions in Leiden: District Court of The Hague, Leiden Location; Legal Aid Office Leiden, Stationsweg 46.