Divorce with nowhere to live: what are your housing options?

You can start a divorce in the Netherlands even if you have nowhere else to live. During the proceedings you can ask the court for a provisional measure that gives you the exclusive use of the family home, and the court can grant it even if the home belongs to your spouse alone.

After the divorce, you can ask to continue living in the home for six months. Neither arrangement decides who ultimately keeps the house. That depends on your property regime and, in practice, on whether the mortgage lender will release one of you from the mortgage.

Can you stay in the family home while the divorce is pending?

Yes. As long as you are married, both of you are entitled to live in the family home, whoever owns or rents it. If living together is no longer possible, the court can decide who may use the home until the divorce is final.

This decision is a provisional measure (voorlopige voorziening) under Article 822 of the Dutch Code of Civil Procedure (Rv). Your lawyer files the request with the district court (rechtbank), usually together with or shortly before the divorce petition. The court holds a short hearing and gives a decision that applies for the duration of the divorce proceedings.

Ownership is not decisive. The court weighs the interests of both spouses and gives considerable weight to where the children will live, because they benefit from staying in familiar surroundings. The court also looks at who can more easily find other accommodation, for example because that spouse has a higher income or can stay with family.

Can your spouse lock you out or sell the house?

No. Your spouse cannot simply change the locks and keep you out while you are married. And under Article 1:88 of the Dutch Civil Code (BW), a spouse needs your consent to sell, rent out or end the tenancy of the family home, even if the home is in their name only.

If there is domestic violence or a serious threat of it, the mayor can impose a temporary restraining order (tijdelijk huisverbod). This order requires the person concerned to leave the home for ten days and can be extended to a maximum of four weeks. It is separate from the divorce and can be imposed quickly, often with the police involved.

Can you stay in the home after the divorce?

Yes, for a limited time. Under Article 1:165 BW the court can grant you the right to continue living in the family home for six months after the divorce has been registered, even if the home belongs to your former spouse or to both of you.

You must make this request in the divorce proceedings. It is not granted automatically. The court again weighs both sides and often looks at the children. The six months give you time to find other accommodation, but they do not change who owns the house or who has to pay the mortgage or the rent.

What if you rent your home?

If you are married and live in a rented home, you are both tenants by law, even if only one of you signed the lease (Article 7:266 BW). In the divorce the court can decide which of you will continue the tenancy. The other spouse then ceases to be a tenant.

The court looks at the same kind of factors: the children, the financial position of each spouse and who has the better prospect of finding other accommodation. The landlord cannot prevent this decision, but the spouse who stays must of course be able to pay the rent.

Who keeps the house in the end?

That depends on your property regime and on the finances. If the house falls into a community of property, it is divided in equal shares, under Article 1:100 BW, unless you agree otherwise.

Couples who married on or after 1 January 2018 without a prenuptial agreement (huwelijkse voorwaarden) have a limited community of property. Assets that one of you owned before the marriage remain that spouse’s own property. Couples who married before 2018 without a prenuptial agreement generally have a full community of property, which also includes assets from before the marriage. A prenuptial agreement can change all of this, so check yours carefully.

Once you know what belongs to whom, there are three common outcomes. You sell the house and divide the proceeds or the remaining debt. One of you takes over the house and pays the other their share. Or you keep the house jointly for a period, for example until the youngest child finishes primary school, and sell it later on agreed terms.

Why is the mortgage lender so important?

Because you are usually both jointly and severally liable for the whole mortgage. If one of you takes over the house, the lender has to agree to release the other from that liability. The lender only does so if the remaining spouse can carry the mortgage alone.

In practice this is often the real obstacle. A spouse who wants to keep the house but cannot obtain financing will usually have to sell it after all. Contact your lender early, ask for a calculation of what you can borrow on your own income and have the house valued by an independent valuer. If the sale proceeds do not cover the mortgage, the remaining debt is normally shared as well.

Where can you live while you sort things out?

Most people bridge the period with family or friends, a short-term rental or a room. Social housing is an option in the longer term, but waiting lists in many Dutch cities are long.

Some municipalities grant an urgency status (urgentieverklaring) that gives priority for social housing. The rules differ per municipality, and a divorce on its own is often not enough to qualify. Circumstances such as caring for children without suitable housing or domestic violence can weigh in your favour. Ask your municipality which conditions apply where you live.

When you move, register your new address with the municipality within five days. Your registered address affects allowances, taxes and post from the court. If your income drops after the separation, you may also qualify for housing benefit (huurtoeslag) or other allowances from the Tax and Customs Administration (Belastingdienst).

How can maintenance help you find a new home?

Maintenance can make independent housing affordable. The court can order child maintenance (kinderalimentatie) and spousal maintenance (partneralimentatie), both as a provisional measure during the proceedings and in the final divorce decision.

Spousal maintenance is based on the needs of the recipient and the capacity of the paying spouse. For divorce petitions filed on or after 1 January 2020, the maximum duration is in principle five years, with exceptions for long marriages and for spouses caring for young children (Article 1:157 BW). Child maintenance takes priority over spousal maintenance. Knowing what you can expect helps you decide which housing you can afford.

What if you are an international couple?

Then first check which court has jurisdiction and which law applies to your property. Many expats can divorce in the Netherlands if one or both of them live here, but the property regime may be governed by the law of another country.

For marriages concluded on or after 29 January 2019, the EU Matrimonial Property Regimes Regulation (Regulation (EU) 2016/1103) determines the applicable law; for older marriages, other rules apply. The outcome can affect whether the house is shared at all. If your home is abroad, or your spouse has already started proceedings in another country, get advice quickly, because the court where proceedings are started first can matter.

What should you check if you want to stay in the home?

Make sure your request reaches the court in time and that you can pay for the home. The court decides on use; the lender decides on the mortgage.

• Ask your lawyer to file a request for provisional measures (Article 822 Rv) for exclusive use of the home, together with or before the divorce petition.
• Include a request in the divorce petition to stay in the home for six months after the divorce (Article 1:165 BW).
• Ask the lender what you can borrow on your own income and have the house valued by an independent valuer.
• For a rented home, ask the court to decide that you continue the tenancy (Article 7:266 BW).
• Calculate child and spousal maintenance to see what housing costs you can carry.

What should you check if you are the one moving out?

Moving out does not cost you your share in a jointly owned home, but it can make returning harder. The court may take the new situation into account when it decides on provisional measures.

• Record in writing who pays the mortgage or rent and the fixed charges in the meantime, and when you can collect your belongings.
• Keep copies of the deed of transfer, the mortgage documents, the lease and recent bank statements.
• Remember that your spouse cannot sell, rent out or end the tenancy of the home without your consent (Article 1:88 BW).
• Register your new address with the municipality within five days of moving.
• Check whether you qualify for housing benefit (huurtoeslag) from the Belastingdienst or an urgency status from your municipality.

What can we do for you with housing in a divorce?

A divorce in the Netherlands always requires a lawyer, because the petition must be filed by a lawyer; our divorce lawyers assist Dutch and international clients. The Dutch judiciary explains the procedure on rechtspraak.nl; for maintenance and children, see our page on family law.

• We file the request for provisional measures on the use of the family home and maintenance with the district court.
• We include the six-month request under Article 1:165 BW in the divorce petition.
• We map your property regime and calculate what each of you is entitled to from the house.
• We negotiate with your spouse or their lawyer about who keeps the house, and record the agreement in a divorce settlement.
• We check which court has jurisdiction and which law governs your property in an international divorce.

Summary

• During the proceedings the court can give one spouse exclusive use of the family home as a provisional measure, even if the other spouse owns it.
• After the divorce you can ask to stay in the home for six months under Article 1:165 BW.
• For a rented home, the court can decide which spouse continues the tenancy.
• Who keeps the house depends on the property regime and on whether the lender releases the other spouse from the mortgage.
• Maintenance, allowances and a municipal urgency status can help you find new housing.

Frequently asked questions