A contribution agreement (draagplichtovereenkomst) governs the relationship between you and your ex-partner: who ultimately bears the mortgage payments, interest, repayments and other costs. It does not release you from your obligations towards the bank. Only the bank can release you from joint and several liability.
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Why do you remain liable for the mortgage?
Whether you are jointly and severally liable (hoofdelijk aansprakelijk) follows from the loan agreement and the mortgage documents. If you are jointly and severally liable, the bank can claim the full amount from each of you (Article 6:7 Dutch Civil Code).
A divorce does not change this. After the community of property has been dissolved, each ex-spouse remains liable in full for the community debts for which he or she was already liable (Article 1:102 Dutch Civil Code). Even if you move out and your ex-partner stays in the home, the bank can still hold you liable.
What is the difference between liability and contribution?
Liability is about who the bank can claim from. Contribution (draagplicht) is about who must bear the debt between the two of you.
Each party bears the part of the debt that concerns him or her in the internal relationship (Article 6:10 Dutch Civil Code). If you pay more than your share, you can in principle claim the excess from your ex-partner. How much depends on the arrangements and the circumstances. Relevant factors include a prenuptial agreement or cohabitation agreement, earlier payments, who lives in the home and reasonableness and fairness. For community debts of ex-spouses, Article 1:100 Dutch Civil Code also applies, with equal shares as the starting point.
Who pays the mortgage if one of you stays in the home?
That is not fixed. If one ex-partner lives in the home, that does not automatically mean he or she must bear all the mortgage costs.
The court looks at occupation, the benefit of use, any occupation fee, the payment arrangements and the other circumstances together. In ECLI:NL:GHSHE:2022:2018 the Court of Appeal of ‘s-Hertogenbosch had the woman bear all the mortgage interest because she had the use of the home and paid no occupation fee for it. In ECLI:NL:RBDHA:2025:21478, by contrast, the District Court of The Hague ordered the woman, who stayed in the home and owed an occupation fee, to pay half of the interest and repayments the man had paid. In ECLI:NL:RBNHO:2026:6975 and ECLI:NL:RBAMS:2026:3875 the ex-partners each bore half in principle, but the occupation fee was set off against the owner’s costs.
What do you record in a contribution agreement?
Record which loan and which costs the arrangement covers, and from which date each party pays. Also agree how interest, repayments, insurance and owner’s costs are divided, and when a payment gives rise to a claim for reimbursement.
Also include the deadline by which release from joint and several liability must be arranged, and what happens if that fails. An arrangement on contribution can be included in a divorce settlement (echtscheidingsconvenant), a deed of division or a separate contribution agreement.
Does a contribution agreement protect you against the bank?
No. The bank is not a party to the agreement and is not bound by it.
The agreement can, however, determine who bears the costs and who must indemnify the other. If your ex-partner does not pay, the bank can claim from you, and payment arrears can affect your credit rating, including your registration with the Dutch credit registration bureau (BKR). You then have a claim against your ex-partner, but that claim is only worth something if your ex-partner can pay.
How do you get released from joint and several liability?
Only a separate arrangement with the bank can release you from joint and several liability. A divorce settlement cannot oblige the bank to do so.
In a case before the District Court of Limburg, the allocation of the home under the divorce settlement depended on the bank granting release (ECLI:NL:RBLIM:2024:536). The court allocated the home to the woman on condition that the bank released the man within three months, and ordered a sale to a third party if the bank refused. The District Courts of The Hague and Zeeland-West-Brabant took a similar approach in ECLI:NL:RBDHA:2025:23505 and ECLI:NL:RBZWB:2026:5178. They made the takeover of the home conditional on financing by the partner taking it over, transfer of the mortgage and release of the other partner. They also set a deadline, with a sale if the takeover did not succeed in time. These were arrangements in individual cases, not an automatic consequence of a contribution agreement. Apply for release as early as possible. For the options for the home itself, such as selling or buying out your ex-partner, see our article on the ex and the mortgage.
What should you check as the partner who moves out?
Your main risk is that you stay jointly and severally liable under Article 6:7 BW for a home you no longer live in.
- Agree a firm date by which your ex-partner must arrange your release with the bank, for example three months.
- Agree that the home will be sold to a third party if release is not granted by that date.
- Agree who pays interest, repayments and insurance until then, and whether an occupation fee is owed.
- Ask whether additional security, such as a second-ranking mortgage right, is possible; its ranking and enforceability must be assessed separately.
What should you check as the partner who stays?
Taking over the home means taking over the mortgage, and the bank decides whether you can carry it on your income alone.
- Ask the bank or a mortgage adviser in writing whether you can take over the loan on your own income.
- Check that the takeover deadline in the settlement is realistic, given the bank’s processing time.
- Agree whether you owe an occupation fee and how it is set off against your ex-partner’s share of the costs.
What can we do for you with a contribution agreement?
Our divorce lawyers record these arrangements in your divorce settlement (echtscheidingsconvenant) or deed of division. For other questions about divorce, children and assets in the Netherlands, see our family law page.
- We review your loan agreement and mortgage documents to establish your liability towards the bank.
- We draft the contribution agreement or the contribution clauses in your divorce settlement.
- We calculate the reimbursement claim for mortgage payments you made above your share.
- We ask the court to order a sale if your ex-partner does not arrange release in time.
Summary
- Whether you are jointly and severally liable follows from the loan agreement; divorce does not change that.
- A contribution agreement only governs who bears the costs between the two of you.
- If one ex-partner lives in the home, that does not automatically mean he or she bears all costs; the court weighs all the circumstances.
- Only the bank can release you from joint and several liability.
- A deadline for release and an agreement to sell protect the partner who moves out.
Frequently asked questions
Is a contribution agreement mandatory?
No. Without a written arrangement, however, it is harder to establish afterwards who had to bear which share, and the starting point of Article 1:100 BW (equal shares) applies to community debts.
Can a contribution agreement cover other debts as well?
Yes. A personal loan, a car loan or an overdraft on a joint account can also be included.
My ex-partner is not paying the mortgage. What can I do?
Contact the bank immediately. If you pay yourself, keep proof of payment and record how much you have paid towards the joint debt. Whether you can recover the full amount depends on the internal contribution, the arrangements and whether your ex-partner can pay. In a case about child maintenance and joint debts (ECLI:NL:HR:2026:1219), the Dutch Supreme Court held that a court may not assume, without discussing it with the parties, that a payment gives no right of recourse.
