Buying out your partner during divorce or selling: how to make the right choice

To calculate the buyout amount, you start from the net value of the house. That is the market value minus the outstanding mortgage loan. The one who buys out usually pays half of that net value, because each was entitled to half.

A simplified example: if the market value is 300,000 euros and there is still 150,000 euros outstanding on the loan, then the net value is 150,000 euros. Half of that, so 75,000 euros, is then roughly the buyout amount you pay your ex. That is a general rule of thumb, not an exact figure for your situation.

Keep in mind that when dividing a house between ex-partners, division duty is usually due (the tax on the division), and the notary makes the precise settlement. For the correct amounts in your case, you should rely on your own notary. We do not make fiscal calculations or give legal advice.

If you took out a loan together, you are both jointly liable. The bank may therefore hold either of you responsible for the full debt, even after the divorce. If your ex leaves the ownership, they remain co-responsible for the loan without extra steps.

That is why you ask the bank for a release from joint liability. This releases your ex from the loan, and you carry it alone from then on. The bank does not simply agree to this. They check whether your income alone is sufficient to bear the monthly payment. Without that approval, you cannot take over the mortgage and your ex remains bound.

• The bank re-evaluates whether you can handle the loan alone.
• Sometimes a new or adjusted mortgage loan is needed.
• Only after the release is your ex truly free from the debt.

Buying out your partner is not arranged with a private agreement alone. The transfer of the real estate share goes through the notary, who draws up the deed. In a buyout, this is called a division or allocation: your ex's share transfers to you.

The notary settles everything: the buyout amount, the due division duty, and the costs. They also ensure the ownership is correctly registered in your name and that everything matches what you agreed in the divorce. Only when the deed is signed are you legally the sole owner.

We are not a notary and do not draw up deeds. For the legal side and the exact settlement, go to your own notary. For the question of whether selling might be the calmer path, we can help you.

Buying out almost always fails at the same point: getting the financing in order. If you cannot get the release from joint liability, or your income alone does not allow the monthly payment, then taking over the house during a divorce is simply not feasible. Then you are stuck with two names on a loan, which is exactly what you want to avoid.

When one of you cannot or does not want to keep the house, selling together is usually the simplest solution. You divide the proceeds, pay off the joint loan, and you are both free. No double burden, no years of connection through an old mortgage.

If you choose to sell and want to handle it quickly and certainly, an independent buyer purchases the house directly. You get a fixed, no-obligation offer, without an agent, without viewings, and without an uncertain search for a buyer. This way you know exactly where you stand and can calmly finish the divorce.