Debts after divorce in the Netherlands: who is liable for what?

After a Dutch divorce you remain fully liable for the community debts you were liable for yourself, and you are also jointly liable for your ex-partner’s community debts, but a creditor can only recover those from what you received in the division (Article 1:102 of the Dutch Civil Code, BW). What you and your ex agree about who pays what binds only the two of you; it does not bind the bank, the lender or the Belastingdienst.

That gap between the internal arrangement and your liability towards creditors is where most problems start. This article covers which debts are shared, how liability changes on divorce, the joint mortgage and how you recover money from your ex. Maintenance, pensions and the divorce procedure are covered in our family law guides.

Which debts belong to the community of property?

That depends on your matrimonial property regime and on when you married. Marriages and registered partnerships entered into on or after 1 January 2018 without a prenuptial agreement fall under the limited community of property (beperkte gemeenschap van goederen); earlier ones under the old universal community.

Under the universal community almost every debt falls in, including debts each spouse had before the wedding, such as a student loan or an old business debt. Under the limited community only debts built up during the marriage are shared; debts from before the marriage remain private, as do debts tied to inheritances and gifts. Our article on the limited community of property in the Netherlands explains the regime in detail.

A prenuptial agreement (huwelijkse voorwaarden) overrides both defaults. With a full exclusion of community (koude uitsluiting) each spouse keeps their own debts. Always check the wording of the notarial deed, not the label people use for it.

From which date are new debts no longer shared?

The community ends on the day the divorce petition is filed with the court, not on the date of the judgment or the registration of the divorce (Article 1:99 BW). Debts your ex-partner takes on after that date are private debts.

Against a creditor who did not know of the dissolution, you can only rely on that date if the petition was entered in the matrimonial property register (huwelijksgoederenregister) kept by the court registry. Have your lawyer arrange that as soon as the petition is filed.

Are you liable for household debts?

Yes. Under Article 1:85 BW each spouse is liable for the full amount of debts the other entered into for the ordinary running of the household, whatever your matrimonial regime. Groceries, energy bills, home insurance and school costs fall under this rule; a business loan or a car for one spouse’s own use does not.

A prenuptial agreement does not protect you against household debts. On the other hand, certain transactions need the other spouse’s written consent under Article 1:88 BW, such as a guarantee (borgtocht) for someone else’s debt and the sale of the family home. Without that consent, the spouse whose consent was needed can annul the transaction (Article 1:89 BW). That right is time-limited, so act as soon as you discover a guarantee you never agreed to.

How does liability change on divorce?

Article 1:102 BW splits community debts into two groups. For debts you were liable for before the dissolution, typically because you signed or caused them, you remain liable for the full amount; for your ex-partner’s community debts you are liable only up to the value of what you received in the division.

That cap is a limit, not an exemption. If you received the house in the division, the cap is high. A creditor cannot let its claim against your ex lapse and then turn to you: the claim against you becomes time-barred at the same moment as the claim against the spouse in whose name the debt arose (Article 1:102 paragraph 2 BW).

How are debts divided between the two of you?

Under Article 1:100 BW you each have an equal share in the community, unless you agreed otherwise in a prenuptial agreement or in a written agreement made with a view to the divorce. If the assets do not cover the debts, the shortfall is borne equally, unless reasonableness and fairness, given the nature of the debts, require a different split, for example for a gambling debt.

That allocation only works between you. Creditors keep their recourse against the community assets as long as those assets are undivided (Article 1:100 paragraph 3 BW). Your divorce covenant (echtscheidingsconvenant) should list each debt by creditor, amount and account number, state who pays it, set a deadline for release from joint liability and include an indemnity.

What happens to the joint mortgage?

If you both signed the mortgage loan, you both remain jointly and severally liable to the lender for the whole loan, even if the house goes to your ex in the covenant. Only the lender can release you, by granting a discharge from joint and several liability (ontslag uit de hoofdelijke aansprakelijkheid).

The lender tests whether the remaining borrower can carry the loan alone, using its normal affordability criteria and, for a loan with a National Mortgage Guarantee (NHG), the NHG conditions. A discharge is regularly refused. The options then are to sell, to add a co-borrower the lender accepts, or to stay liable with security, a deadline and a right to force a sale in the covenant.

Transfer of the house itself requires a notarial deed of division and registration in the Land Registry (Kadaster). Arrange the discharge and the transfer at the same time; otherwise you stay liable for a loan on a house you no longer own. Who lives in the house meanwhile is covered in our article on divorce and the family home. The tax treatment of mortgage interest after divorce belongs with a tax adviser.

What can you do if your ex stops paying?

Pay what is necessary to limit the damage, then recover it from your ex. A joint debtor who paid more than their internal share has a recourse claim (Article 6:10 BW) and takes over the creditor’s rights, including any security (Article 6:12 BW).

The indemnity in your covenant is an ordinary contractual obligation. If the covenant was incorporated in the divorce decision, you can enforce it directly; otherwise you need a separate judgment, if urgent in summary proceedings (kort geding). Keep the creditor’s demands, proof of each payment and your messages asking your ex to pay. Recourse claims are subject to limitation, so do not wait years.

What does a BKR registration mean for you?

As long as your name is on a loan, missed payments by your ex are registered against you too in the central credit register of Stichting BKR. A negative registration is visible to lenders for years after the credit ends, which can block a new mortgage.

Request your own BKR overview from Stichting BKR early in the divorce to see which agreements carry your name. An incorrect registration must be corrected by the lender. If the debts as a whole are unmanageable, the route is an amicable arrangement through the municipal debt assistance service, or the statutory debt rescheduling scheme (Wsnp), which has lasted 18 months since 1 July 2023.

What about business and tax debts?

Debts of a sole proprietorship (eenmanszaak) or a general partnership are the entrepreneur’s personal debts, and in a community of property they are community debts. A private limited company (BV) shields your private assets, unless you gave a personal guarantee, which banks usually require from director-shareholders.

An income tax assessment for a year during the marriage is in principle a community debt, and after the dissolution Article 1:102 BW governs how far the Belastingdienst can pursue the other spouse. Separate tax-law rules on liability can also apply; have a tax adviser review this alongside your lawyer.

What applies to registered partners and cohabitants?

Registered partners are treated like spouses: the same community rules and the same liability under Articles 1:85 and 1:102 BW. Cohabitants who never married or registered have no community and no statutory household liability; each owes only what they signed, and both are liable only for joint contracts such as a joint mortgage.

What should you check if you take over a debt?

• Has the lender confirmed in writing that you can carry the loan alone?
• Does the covenant state exactly which debts, balances and account numbers you take over?
• Is the value of what you receive in the division in line with the debts you assume?
• Have you agreed a realistic deadline for the release of your ex-partner?

What should you check if your ex takes over a debt?

• Is your name still on any loan, credit card or tax assessment? Check your BKR overview.
• Was the divorce petition entered in the matrimonial property register?
• Does the covenant contain an indemnity, a deadline for your release and a right to force a sale of the house?
• Has every lender confirmed in writing that you have been released?
• Was the covenant incorporated in the divorce decision, so you can enforce it directly?

What can we do for you with debts after divorce?

Our divorce lawyers map the debts and your liability under Articles 1:85, 1:100 and 1:102 BW.

• We list every debt, creditor and account number and establish who is liable towards whom.
• We register the divorce petition in the matrimonial property register.
• We negotiate with lenders about a discharge from joint and several liability.
• We draft the covenant with debt allocation, deadlines and an indemnity.
• We assess a creditor’s claim against the Article 1:102 cap and bring the recourse claim against your ex.

Summary

• The community ends on the day the divorce petition is filed (Article 1:99 BW).
• You stay fully liable for your own community debts, and for your ex’s community debts up to what you received in the division (Article 1:102 BW).
• Household debts bind both spouses under Article 1:85 BW, whatever your regime.
• Agreements in the covenant do not bind creditors; only the lender can release you from a joint mortgage.
• If you pay your ex’s share, you can recover it under Articles 6:10 and 6:12 BW and the covenant’s indemnity.

Frequently asked questions