Change of ownership of the home and the deed of division
When you have joint ownership of a property and circumstances change - such as a divorce, termination of a cohabitation agreement or a desire for a different legal distribution - it is essential to correctly adjust the ownership registration. This is where the deed of division comes into play. At Westvaer, we understand that this process requires care and expertise. With our help, you can count on a smooth and legally sound resolution.
What is a deed of division?
A deed of division is a notarial document that records how the ownership of a jointly owned property is divided. This is necessary if, for example, you want the property to be fully in your name or that of your (ex-)partner. Without this deed, the property remains joint ownership, which can cause issues with future sales or transactions. Additionally, tax arrangements such as mortgage interest deductions for income tax may be limited or unavailable without a deed of division.
The deed of division officially documents agreements such as:
- who becomes the owner of the property;
- the value of the property at the time of division;
- taking over a mortgage debt;
- release from joint liability for the mortgage;
- any settlement of other costs or insurance.

Why is a deed of division mandatory?
Under Dutch law, any change in the ownership registration of a property must be carried out through a notary. This applies not only to married or registered partners but also to cohabiting couples. The deed of division forms the basis for registration with the Land Registry, officially recording the new ownership arrangement.
Without this step, the property remains legally owned by both parties, even if verbal or contractual agreements have been made. This can lead to complex legal disputes, such as when one owner wants to sell the property or in the event of the death of one of the parties.
How does the process work?
At Westvaer, we guide you through every stage of the process. Our approach is clear and efficient:
Preparation
For married or registered partners: we receive a copy of your divorce settlement or termination agreement.
For cohabitants: you complete our checklist with relevant information about the property, mortgage and agreements made.
Advice and drafting of the deed
Our specialists analyse your situation and ensure that the deed of division aligns with your wishes and meets legal requirements. We also consider tax implications and any additional costs.
Signing and registration
Both parties sign the deed with the notary. Depending on the situation, this can also be done via power of attorney. We then handle the registration with the Land Registry, making the transfer of ownership official.
Frequently asked questions about a deed of division
Here, we answer some frequently asked questions:
What are the costs of a deed of division?
The costs of a deed of division depend on the complexity of your situation. This includes agreements regarding the mortgage and any additional arrangements that need to be recorded. At Westvaer, we offer transparent rates and a clear quote upfront, so you know exactly where you stand.
Can I arrange a deed of division without a notary?
No, that is not possible. The Dutch law requires that changes to the ownership of real estate must always go through a notary. This ensures the agreements are legally binding and prevents issues with future property transactions.
What happens if the mortgage is not taken over by one party?
If the mortgage debt is not assumed by one party, both parties remain liable for the loan. This means you remain financially responsible even if the property is no longer in your name. The release from joint liability is therefore a crucial part of the deed of division.
Do you have additional questions? Our experts are ready to assist you.
Why choose Westvaer?
At Westvaer, we combine legal precision with personalized guidance. Our notaries ensure that your deed of division not only meets all legal requirements but also aligns with your unique situation. You can count on:
- clear communication and quick processing;
- expert advice on fiscal and legal implications;
- a hassle-free experience where everything is taken care of for you.
Do you want to handle the ownership change of a property without any worries? Contact us today. At Westvaer, we make complex matters understandable and deliver results you can rely on.