Taking Over the Home in Divorce in Amsterdam
In a divorce in Amsterdam, taking over the home plays a key role in dividing the joint assets, especially given the high real estate prices in the city. One partner can take over the home by buying out the other, which involves legal, financial, and emotional challenges. This is crucial for stability, particularly when children are involved. In this article, we highlight taking over the home in divorce in Amsterdam, including legal frameworks, steps, and risks, with tips for Amsterdam residents through local resources like the Legal Aid Office Amsterdam.
What is taking over the home in divorce in Amsterdam?
Taking over the home in divorce in Amsterdam means that one spouse takes over the joint home after the separation by buying out the ex-partner and paying off their share of the mortgage, including any remaining debt. In Amsterdam, where homes often represent the largest marital asset due to the competitive market, this depends on financial capabilities, children's interests, and the marital property regime. The process falls under Dutch family law and requires a valuation for a fair division to avoid conflicts. For basic information on divorce and housing in the city, check our article on Divorce and the Home in Amsterdam. Amsterdam residents can seek free advice from the Legal Aid Office Amsterdam.
Legal basis for taking over the home in Amsterdam
Taking over the home in divorce in Amsterdam is governed by the Dutch Civil Code (BW), particularly Book 1. Divorces are covered under Articles 150 to 161 BW, while asset division, including the home, follows from Articles 81 to 93 BW for community of property. Since 2018, the limited community of property applies, where only assets built up during the marriage are divided, which is especially relevant in Amsterdam with its expensive homes.
Key laws and rules:
- Article 1:94 BW: Regulates the assignment of the marital home and furnishings; in disputes, the Amsterdam District Court can impose a unilateral takeover.
- Article 1:247 BW: Applies to unmarried couples, but marital law takes precedence in divorce.
- Housing Act and Mortgage Act: Mortgage lenders must agree to the takeover, often through a deed of division via an Amsterdam notary.
When children are involved, Article 1:251 BW prioritizes their interests; the Amsterdam District Court can award the home to the parent with primary residence for continuity in the city.
Conditions for taking over the home in Amsterdam
For a successful takeover of the home in divorce in Amsterdam, strict conditions are essential. The home's value must be objectively determined by a certified appraiser, taking into account Amsterdam's market prices. The taking-over partner pays half of the equity (after deducting the mortgage and debts) to the ex-partner.
Financial conditions:
- The bank assesses income and credit for mortgage transfer, which in Amsterdam can sometimes be easier due to high salaries.
- If there is negative equity (mortgage higher than value), this is handled through a division agreement, possibly with help from the Municipality of Amsterdam.
- Inheritance rights from wills or gifts must be respected.
Emotionally and practically: Mediation through local services helps reach an agreement. In case of disagreement, the Amsterdam District Court decides based on reasonableness and fairness (Article 6:2 BW).
Practical examples of takeover in Amsterdam
Take Anna and Bert, who are divorcing after 15 years in a home in Amsterdam-East, valued at €600,000 with a €400,000 mortgage. Anna takes over for their children, the valuation confirms this, and she buys out Bert for €100,000 (half of the equity). The bank agrees due to her stable income. This shows a smooth taking over the home in divorce in Amsterdam.
Another case: Tom and Lisa in Amsterdam-West with an underwater home (€450,000 mortgage, value €400,000). Tom cannot take over, so the home is sold. The negative equity is divided; Lisa claims NHG exemption for the children. Disagreement leads to intervention by the Amsterdam District Court. Timing is key: Get a valuation early to prevent disputes.
Rights and obligations in taking over the home in Amsterdam
In taking over the home in divorce in Amsterdam, clear rights and obligations apply. The taking-over party can claim assignment for the children's sake but must pay fairly. The partner being bought out receives compensation and can challenge the valuation.
Rights:
- Assignment to the custodial parent (Article 1:251 BW).
- Independent valuation, readily available locally.
- Protection against forced sale if the mortgage is affordable in the Amsterdam context.
Obligations:
- Transparency in finances; hiding information leads to sanctions from the Amsterdam District Court.
- Timely repayment of debts and the mortgage.
- Engaging a notary for the deed of division.
For comparison of takeover vs. sale:
| Aspect | Takeover | Sale |
|---|---|---|
| Costs | Buying out ex-partner | Real estate agent fees |
| Children | Continuity | Relocation |
| Time | Faster | Longer process |
Veelgestelde vragen
Wat is mijn retourrecht?
Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.
Hoe lang geldt de wettelijke garantie?
Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.
Kan ik rente eisen over schulden?
Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.
Wat kan ik doen tegen oneerlijke handelspraktijken?
Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.
Wat is een kredietovereenkomst?
Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.