Buying a home together—whether as partners, friends, or family—comes with choices that lock in financial, tax, and inheritance consequences under Dutch law. Who owns which share, how to protect an unequal deposit or parental gift, what joint mortgage liability means, what happens on separation or death, and how rules like bijleenregeling and homeowner history affect deductions: get these wrong and costly disputes can follow. For expats, add VvE health, erfpacht, and documentation to the mix, and the margin for error narrows further.
This practical Netherlands-focused guide from Law & More gives you a clear, step-by-step checklist: choosing the right relationship framework (marriage, registered partnership, or cohabitation agreement), setting ownership in the deed, safeguarding contributions with a draagplichtovereenkomst, structuring your mortgage (including NHG), planning wills and a verblijvingsbeding, and navigating fees, taxes, and timelines—plus the pitfalls to avoid at each step. Let’s start with tailored legal advice for your situation.
1. Start with tailored Dutch legal advice (Law & More)
Buying a house together? Start with tailored Dutch advice on the legal essentials. Law & More’s multilingual, extended-hours team aligns deed, contracts, mortgage, tax, and inheritance choices—before pressure from offers and deadlines leads to costly mistakes.
What it is
We map your status, funding, and risks, then convert them into binding Dutch documents. That prevents ownership, liability, and inheritance disputes later.
Key Netherlands specifics
Key levers: the 2018 limited community property rules, cohabitation agreements, draagplichtovereenkomst, NHG, bijleenregeling/homeowner history, and notarial deeds. Each can shift liability, mortgage terms, and your tax relief.
Decisions to make
Decide early, record clearly. We structure them for you.
- ownership share in deed
- mortgage setup and NHG
Pitfalls to avoid
Small oversights cause big costs. A short consult avoids most.
- assuming community property
- ignoring homeowner history and deductions
2. Choose your relationship framework: marriage, registered partnership, or cohabitation agreement
Before buying a house together, choose the legal relationship that will govern ownership, debts, and what happens on separation or death. Your framework sets the rules for who owns pre-existing assets, how the home is split, and who inherits without court fights.
What it is
You can formalize your relationship as a marriage, registered partnership, or with a notarial cohabitation agreement (samenlevingscontract). Each option determines default property regimes, how you’re jointly registered, and which protections can be built in.
Key Netherlands specifics
Marriages/partnerships concluded from 1 January 2018 fall under limited community of property: premarital assets and debts remain personal unless changed by (pre)nuptial/partnerschap conditions. Cohabitation agreements record joint ownership and responsibilities, can include a survivorship clause (verblijvingsbeding), but don’t merge personal assets; pensions require separate fund arrangements. Life insurance is commonly advised.
Decisions to make
Decide which framework fits, whether you need (pre)nuptial or partnership conditions, and what to include in a cohabitation contract: title on the deed, cost sharing, survivorship, and pension beneficiary updates. Have it executed by a notary.
Pitfalls to avoid
Don’t assume “common-law” rights exist, or that community property applies automatically post-2018. Avoid unsigned side agreements, misaligning the deed with your contract, and leaving death scenarios unaddressed until later.
3. Set co-ownership shares in the deed (and how this differs from community property)
When buying a house together, decide and record your ownership split in the notarial deed. You can finance on one income yet both be listed as owners; your shares can be equal or reflect different deposits and plans.
What it is
The notarial deed of transfer records who owns which percentage of the home. That title split stands alongside your mortgage arrangement and any cost-sharing agreements, and avoids doubt later about equity and sale proceeds.
Key Netherlands specifics
Since 1 January 2018, the Limited Community of Property rules mean premarital assets and debts remain personal unless you agree otherwise. Community property is a marital regime; it does not automatically override deed shares. With a cohabitation agreement, you’re registered as joint homeowners and jointly responsible for the mortgage.
Decisions to make
Choose clearly and align all documents.
- Ownership percentages in the deed: 50/50 or another split.
- Debt sharing (draagplichtovereenkomst): match repayment ratios to ownership goals.
- Consistency: mirror choices in a cohabitation or (pre)nuptial agreement.
Pitfalls to avoid
Don’t rely on assumptions—record them.
- Assuming “community” = 50/50 title: post-2018, it doesn’t.
- Unequal deposits, equal deed: creates unfair equity on sale.
- Mismatch: deed says one thing, debt agreement another; lenders can still hold both owners jointly responsible for the mortgage.
4. Protect unequal deposits and parental help: gifts, loans, and exclusion clauses
Unequal deposits and family support are common when buying a house together—don’t let them vanish into a 50/50 split. In the Netherlands, parents can help by donating or lending; your choice must be documented and aligned with the deed shares and your draagplichtovereenkomst so everyone’s equity is protected.
What it is
You formalize family support as a gift or a loan and link it to ownership and repayment arrangements, so sale proceeds and liabilities track real contributions.
Key Netherlands specifics
Parents can support by donating or lending. You can still buy jointly even if the mortgage is on one income; record contributions in the deed and agreements. A notarial exclusion clause can keep a gift personal if you later separate.
Decisions to make
- Gift or loan: Choose the form and put it in writing (gift deed or loan agreement).
- Title split: Reflect unequal deposits in deed percentages.
- Repayment rules: If it’s a loan, set repayment priority on sale in your agreements.
- Exclusion clause: Add wording so a parental gift remains personal property.
Pitfalls to avoid
- “We’ll remember who paid what”: Verbal promises won’t survive a breakup or sale.
- Equal deed, unequal cash: Creates unintended equity transfers.
- Ambiguous family loans: No terms, no priority, more disputes.
- Unprotected gifts: Without an exclusion clause, a gift can be treated as joint.
5. Record contribution and liability agreements (draagplichtovereenkomst)
When buying a house together, this agreement is one of the legal essentials that keeps peace later. It fixes who bears which part of the mortgage debt and ongoing costs, so unequal deposits, extra repayments, or career breaks don’t morph into unintended 50/50 outcomes at sale or separation.
What it is
A draagplichtovereenkomst is a written, enforceable agreement between co-owners that allocates internal responsibility for mortgage principal, interest, and housing costs. It works alongside the deed and mortgage; it does not change the bank’s rights.
Key Netherlands specifics
It clarifies internal debt shares even though most lenders hold co-borrowers jointly and severally liable.
- Links to tax position: Ratios may influence how relief is claimed and how equity is divided later.
- Aligns with deed: Pairs with ownership percentages and any gifts/loans.
Decisions to make
Define the model now, not during conflict.
- Debt split: e.g.,
70/30or dynamic rules after life events. - Repayments/extras: Who funds extra amortization and who benefits.
- Costs: Maintenance, VvE, insurances, and renovation budgets.
- Priority on sale: Settle family loans or reimburse deposits first.
Pitfalls to avoid
Don’t assume intentions are “understood”—put them in writing.
- Thinking it binds the bank: It only binds you and your partner(s).
- Mismatch with deed/gift terms: Causes equity and tax disputes.
- No triggers: Failing to update after refinance, renovation, or parental help.
6. Decide your mortgage setup: one or two incomes, joint liability, and NHG
Your mortgage setup drives what you can borrow and who carries risk. Decide early: one or two incomes, joint liability, and whether NHG belongs—then align with your deed and draagplichtovereenkomst when buying a house together.
What it is
It’s the combination of who applies, whose income is assessed, and which protections apply. It sets who the lender can pursue and how affordable the loan remains if circumstances change.
Key Netherlands specifics
In the Netherlands, co-buyers are usually both applicants and jointly responsible—even if only one income is used for affordability. Both can be on title; NHG may provide a safety net and influence lender conditions.
Decisions to make
Choose the income basis (single or dual) that fits your buffer. Confirm both applicants and deed alignment, and ask your advisor to test NHG eligibility and conditions.
Pitfalls to avoid
Don’t assume a one‑income assessment limits liability if you both sign. Avoid mismatching liability with deed/draagplicht, or overlooking homeowner history that affects interest deduction.
7. Calculate upfront costs and taxes: transfer tax, notary, valuation, and fees
Cash planning matters as much as your monthly payment. When buying a house together, list every one‑off cost you must pay around signing and completion so you aren’t forced into last‑minute compromises or mismatched expectations between co‑buyers.
What it is
This is your checklist of purchase‑day cash items: transfer tax (overdrachtsbelasting), notary fees for the deed of transfer and mortgage deed, valuation (taxatie) for the lender, and advisory/arrangement fees. Agree how these are split alongside your ownership shares and draagplichtovereenkomst.
Key Netherlands specifics
In the Netherlands, co‑buyers are typically both on the purchase agreement and mortgage deed, and lenders usually require a valuation report. A notary prepares the deeds; life events and homeowner history can influence overall cost planning, so align tax, deed, and mortgage choices early.
Decisions to make
- Who pays what: Match cost sharing to deed percentages and agreements.
- Timing and buffers: Reserve funds for invoices due before or at completion.
- Documentation: Keep contracts and receipts to evidence contributions.
Pitfalls to avoid
- Underestimating transfer tax and notary work: These are substantial line items.
- Unclear splits: Vague “we’ll sort it later” promises trigger disputes.
- Misalignment: Costs paid unequally but deed shows 50/50, eroding fairness later.
8. Know your tax position after purchase: mortgage interest deduction, bijleenregeling, and homeowner history
After the keys change hands, the Dutch tax rules start shaping your net housing costs. Mortgage interest deduction isn’t automatic or equal for every couple; prior ownership and the reinvestment rule (bijleenregeling) can reduce or shift what you may deduct. Align your deed, mortgage, and agreements with your tax reality before the first return.
What it is
Your post‑purchase tax position is how Dutch rules treat your mortgage interest and equity. Buying together can link your histories; a draagplichtovereenkomst can split internal burdens, but it won’t override tax law or the lender’s joint liability.
Key Netherlands specifics
These Dutch rules commonly affect co‑buyers:
- Shared homeowner history: If one partner owned before, you share that history fiscally; this impacts mortgage interest deduction.
- Bijleenregeling: Prior sale proceeds and reinvestment can limit new interest deduction if not handled and documented correctly.
Decisions to make
Make these choices up front and record them:
- Who claims interest (and how much): Align with debt allocation and title.
- How to treat old equity: Plan reinvestment/earmarking to navigate the bijleenregeling and evidence contributions.
Pitfalls to avoid
Avoid preventable deduction losses:
- Assuming “first‑time” status: Ignoring shared homeowner history can cut relief.
- Paper mismatch: Draagplichtovereenkomst, deed, and funding not aligned with how interest is claimed.
9. Plan for death or incapacity: wills, survivorship clause (verblijvingsbeding), and life insurance
When buying a house together, plan for death or incapacity. If one of you dies or can’t act, the survivor may face the full mortgage and uncertain title. Secure a will, a survivorship clause (verblijvingsbeding), and term life cover.
What it is
Tools to secure inheritance, occupation rights, and mortgage payoff for the survivor.
Key Netherlands specifics
A cohabitation contract can add a verblijvingsbeding; personal assets still need a will. Survivors are typically liable for the mortgage, so life insurance is advised.
Decisions to make
Name will beneficiaries, consider a verblijvingsbeding, set insurance sum/beneficiaries, update pension.
Pitfalls to avoid
Skipping a will, assuming “common‑law” rights, underinsuring, or contradicting deed/contract/policies.
10. Agree an exit and buyout plan for breakups or changes
Relationships, incomes, and life plans can change. Buying a house together? Don’t leave the “what if we separate or one wants out?” conversation for later. A written exit plan avoids stalemates, protects deposits and family help, and keeps you from carrying an ex-partner’s debt indefinitely.
What it is
A negotiated, written roadmap for selling or buying out. It sits alongside your deed, cohabitation/(pre)nuptial agreement, and draagplichtovereenkomst, and sets valuation, timelines, refinancing, reimbursements, and who pays which costs.
Key Netherlands specifics
Co‑buyers who sign the mortgage are typically jointly and severally liable—even if affordability was based on one income. A buyout usually needs lender consent (often via refinance) and notarial adjustments to title. Sale proceeds follow the deed shares and your recorded gifts/loans/exclusion clauses.
Decisions to make
- Valuation method and price: Independent valuation (taxatie), averaging if two reports differ, and validity period.
- Right of first refusal: One partner gets priority to buy out within a fixed deadline.
- Refinance and release: Buyer must obtain lender consent to release the seller from mortgage liability.
- Reimbursements order: Return unequal deposits and repay family loans before splitting remaining equity.
- Interim rules: Who may occupy, who pays mortgage/VvE/insurance until completion, and a long‑stop sale date if refinance fails.
- Costs: Allocation of notary, valuation, brokerage, and early‑repayment fees.
Pitfalls to avoid
- No timeline or valuation rules: Leads to gridlock and disputes.
- Staying on the mortgage after exit: Liability continues without lender release.
- Ignoring recorded gifts/loans: Misallocates equity and triggers conflict.
- Relying on verbal promises: If it’s not written, it’s fragile.
11. Check property-specific risks: VvE health, leasehold (erfpacht), and technical inspections
Even perfect co‑ownership documents can’t fix a risky property. Apartments bring VvE realities (shared budgets and future works), many plots sit on leasehold (erfpacht) with ground rent and conditions, and hidden defects can turn savings into emergency repairs. Treat these as legal essentials when buying a house together.
What it is
A focused review of the owners’ association’s finances and decisions, any leasehold terms and costs, and an independent technical inspection to surface structural or maintenance risks before you commit.
Key Netherlands specifics
For apartments, assess VvE minutes, budgets, reserve funds, arrears, and planned works. For erfpacht, review ground rent (canon), indexation, revision/buy‑out options, and use restrictions. A building survey helps flag red flags (e.g., cracks, misaligned doors, sloping floors).
Decisions to make
- VvE documents: Which reports you require and how you’ll split any special assessments.
- Erfpacht strategy: Accept current canon or pursue buy‑out; budget either way.
- Inspection scope: Level of survey, timing, and remedies if issues surface.
Pitfalls to avoid
- Weak VvE finances: Low reserves or imminent major works can spike costs.
- Leasehold shocks: Escalating canon or restrictive conditions.
- Skipping the survey: Hidden defects become your problem after completion.
12. Arrange essential insurances and lender conditions
Insurances and lender conditions are the guardrails that keep your purchase—and each other—safe. When buying a house together, line up cover that protects the survivor and meet your bank’s requirements early to avoid last‑minute delays at the notary.
What it is
A coordinated package of protections (like life insurance) plus lender conditions (valuation, deed alignment, NHG terms, documents and deadlines) that must be in place before completion.
Key Netherlands specifics
If one of you dies, the other is typically responsible for the entire mortgage. That’s why life insurance is strongly recommended. Dutch lenders generally require a valuation report and align both co‑buyers on the purchase and mortgage deeds; NHG may add specific conditions.
Decisions to make
Agree the protection and process now, not during stress.
- Life cover amount/beneficiaries: Sized to clear the mortgage; beneficiaries aligned with your deed/contract.
- NHG or not: Confirm eligibility and conditions with your advisor.
- Lender checklist/timelines: Valuation, documents, and policy start dates ahead of transfer.
Pitfalls to avoid
Small oversights become expensive fast.
- Underinsuring or misnaming beneficiaries: Leaves the survivor exposed.
- Assuming one‑income = limited liability: Co‑borrowers remain jointly liable.
- Missing lender deadlines: Late valuations/policies can derail completion.
13. Mind compliance and privacy: BKR checks, data sharing, and expat documentation
Compliance and privacy can derail a purchase if you leave them last. Dutch lenders and notaries must check identity, debt history, and source of funds; co‑buyers will share sensitive data. Set expectations early so offers aren’t lost to missing papers or a registry flag.
What it is
The mandatory checks and data handling around credit, identity, residency, and funding when buying a house together.
Key Netherlands specifics
Expect these Dutch checks:
- BKR credit check for all applicants.
- Notary KYC/AML source‑of‑funds review.
- Expat docs: passport/ID, BSN, residence and income proof.
Decisions to make
- Full disclosure: list all loans and credit lines upfront.
- Data protocol: agree what you’ll share and how it’s stored.
Pitfalls to avoid
- Hiding debts: BKR/underwriters will find them.
- Expired IDs/permits or insecure file sharing.
14. Follow the Dutch buying timeline: offer, suspensive clauses, cooling-off, notary, and registration
Timing and paperwork decide whether your deal closes smoothly. When buying a house together, map the Dutch sequence from first offer to notary transfer so your protections and lender deadlines line up.
What it is
A step‑by‑step path: written offer, signed purchase agreement with suspensive clauses, statutory cooling‑off, deposit/bank guarantee, notary transfer and mortgage deeds, then registration.
Key Netherlands specifics
Build these safeguards into your timeline.
- Suspensive clauses: financing, valuation/inspection, NHG.
- Cooling‑off right: applies to private buyers.
- Notary: drafts/executes deeds and registers ownership/mortgage.
Decisions to make
Set dates and duties up front.
- Clauses and deadlines: scope, duration, evidence.
- Choose the notary: align deed names with loan.
- Completion logistics: deposit/guarantee, keys, handover list.
Pitfalls to avoid
Protect yourselves against avoidable delays.
- Offer without clauses: removes your exit routes.
- Missed clause deadlines: clauses lapse automatically.
- Verbal changes: only written, signed addenda count.
Your next steps
You now have the Dutch essentials to buy together with confidence. Lock your framework, fix the deed shares, protect unequal cash with gifts/loans and a draagplichtovereenkomst, choose the right mortgage/NHG, plan wills and a verblijvingsbeding, and build your exit plan. Validate the property (VvE, erfpacht, inspection) and sync taxes, insurances, and timelines.
- Prepare documents: Gather IDs, income proof, BKR overview, and source-of-funds evidence.
- Select your notary: Align deed names with the loan and timeline.
- Fix ownership and debt: Decide title percentages and sign contribution/liability terms.
- Secure financing: Get pre-approval and add strong suspensive clauses.
- Protect the survivor: Draft will/survivorship and size life insurance.
Want a tailored checklist and documents drafted right the first time? Contact Law & More to schedule a consult.