When dividing a property portfolio in a divorce, “half of the surplus value” is rarely a complete calculation. A portfolio may consist of the owner-occupied home, rented-out homes, a commercial property, land and real estate held within a private limited company (bv). Ownership, mortgage, rent, management and possible tax consequences differ per property. So start with an overview per property, and only then calculate what the partners must divide or settle between them.
Written by Öznur Batur (family law aspects) and Onur Arslan (property law aspects), attorneys at Arslan Advocaten. Legal review: 28 September 2026. General information is not legal advice about your own situation.
This article is about a portfolio. Is it only about the house you lived in together? Then read the existing explanation of the division of the marital home.
Step 1: who owns which property?
Request the title deed and the relevant deeds for each property. Is it in the name of one partner, both partners, a holding company or a property bv? With properties in a bv, the company owns the real estate; the partners may have rights to shares or a settlement claim. Do not merge those layers as if a partner personally owned every property on the balance sheet.
Also establish the matrimonial property regime. With a prenuptial agreement (huwelijkse voorwaarden), there may be separate ownership as well as a periodic or final settlement (verrekening). Personal money spent on a purchase or repayment can raise a separate question. Anyone who simply divides a portfolio figure by two may miss a debt, a personal investment or a right of a third party.
Portfolio map per property: address and land registry details; legal owner; purchase date and purchase price; current use; tenant and main points of the tenancy agreement; mortgage and other security; rent received; costs paid; maintenance backlog; value at the chosen date; and origin of the own funds. Keep the documents behind each field.
Step 2: value in line with the actual situation
A rented-out property is not simply valued as if it could be delivered vacant to an owner-occupier tomorrow. Tenancy rights, term and conditions, maintenance, vacancy risk and operating data may be relevant. So tell the valuer clearly what the legal and factual situation is. A recent WOZ value (WOZ-waarde, the municipal property valuation) or purchase price is not automatically the value needed for a specific division.
Also have it recorded explicitly at which date the valuer values the property and which scenario they use. A portfolio may be allocated to one party in one go, split property by property or partly sold. For an unusual portfolio, you may ask for a range and an explanation of the assumptions. Valuing the shares in a property bv also requires more than adding up the market values of its properties: the company may have debts, obligations and tax positions.
Fictitious example. Two partners personally own a rented-out home and hold two commercial units through a bv. One partner wants to take over all the properties. A valuer determines the value of the privately owned home; a business valuation expert assesses the shares in the bv, including the properties and the debts within it. Only then does a calculation between the partners follow. Adding up three property valuations and dividing by two would skip the bv structure and the financing.
Do not compare properties valued on different assumptions
Have the valuer state for each property whether they assume letting in the existing condition, vacancy, continuation of a specific tenancy agreement or an assumed sale. Two properties apparently worth € 500,000 each can turn out differently if one comes with a long-term tenancy agreement, major maintenance and a repayment obligation. Rent is also gross income: insurance, taxes, management costs, vacancy and maintenance affect what actually remains.
The valuation date also requires attention. A valuation from a previous financial year can be useful for orientation, but a later change in the tenancy situation or interest rates can reduce its usefulness for the division. Agree how new information will be put to the valuer and whether both parties receive the same documents. With a property bv, the property valuer can provide input, while a business valuation expert assesses the shares and other balance sheet items together.
Step 3: deal with mortgages and the bank separately
An agreement that partner A takes over a property and “the mortgage” does not by itself release partner B from liability towards the lender. Check the loan agreements, personal guarantees, the internal allocation of liability between the partners and the conditions for consent or refinancing. Record what happens if the bank does not cooperate or a valuation turns out too low.
A buy-out may look attractive on paper but prove impossible if one partner cannot obtain financing. So work out scenarios with conditions and a next step: for example, a new financing application within an agreed period, followed by reconsideration or sale. A civil-law notary must be involved in the transfer of real estate. Have the tax treatment of each proposed route checked in advance; the answer depends on the ownership, history and transaction.
Step 4: arrange the running of the portfolio while it remains undivided
After the actual separation, rents, loans and maintenance continue. Put in writing who collects rent, which account is used, who handles management and repairs, who decides on new tenancy agreements and how costs are accounted for. Arrange a clear periodic statement of account. Temporary arrangements about rental income are something other than the final division of ownership.
Pay extra attention to a property in which one of the partners runs their own business. Is the company the tenant, the owner or both through different group companies? Check the tenancy agreement, the security and the consequences of a proposed transfer for the business. Also read divorcing with your own business.
A management protocol can be concrete without becoming complicated. Record the account into which rent is received, when both partners get access to information, how much the manager may spend independently on urgent repairs and above which amount consultation is required. Note who communicates with tenants, who holds deposits and how a vacant property is insured. Discuss who pays the interest and repayments as long as the property has not yet been transferred. The internal settlement between ex-partners is separate from what the bank or tenant may contractually demand from the owner or debtor.
If one partner uses a property exclusively after the actual separation, a question about use and compensation may also arise. A general agreement that “all costs are for the occupant” does not always resolve the question of valuation or who ultimately bears the costs. Write down the use, the period, the payments and any compensation separately.
Step 5: choose a division that can actually be carried out
Options include allocating different properties to different partners, a buy-out by one partner, the sale of certain properties or temporary joint ownership with a later final settlement. Each route requires agreements on valuation, taxes and costs, the cooperation of third parties and the moment at which the actual risks pass.
With temporary undivided ownership, rules for conflicts are important: who may accept an offer, which maintenance requires joint approval, how long does the arrangement last and which procedure follows if the parties cannot agree? Without an end point, “temporary” can become a long-running dispute.
Compare three net scenarios side by side
| Route | What you need to check | What you record |
|---|---|---|
| Each partner gets different properties | Difference in net value, rent and debt per property; tax and banking consequences | Allocation, equalisation payment for receiving more than one’s share, notarial deeds and transfer date |
| One partner takes over the portfolio | Shares or properties as the object of transfer, a buy-out that can be financed and consent of third parties | Payment terms, security and an alternative if financing is not obtained |
| Sale of part or all | Position of tenants, selling costs, repayment, time pressure and management costs until the sale | Estate agent instruction, minimum process, authority to accept an offer and final settlement |
A higher gross sale price does not necessarily give the highest net outcome if a sale takes longer, involves extra costs or a commercial property is needed for the business. Have a civil-law notary and tax adviser check the specific route; the same portfolio may be treated differently when properties are sold than when shares are transferred. Do not put a tax assumption into the divorce settlement agreement (convenant) as a fixed amount before it has been established that it applies to this structure.
How do you deal with private and business property in one portfolio?
Create two layers in the overview. The first contains properties that the partners own personally, with the associated mortgages, rent and possible claims between spouses. The second contains the companies: their properties, loans, obligations and ultimately the shares that a partner holds. A private home may not be entered in the estate as a separate asset if it actually belongs to the property bv. Conversely, a privately owned property may not disappear into a valuation of a holding company that never owned it.
With a property that is privately owned but let to the partner’s own business, the tenancy relationship requires special attention. Is there a written contract, is the rent at arm’s length, are there arrears and does the business remain the tenant after the divorce? Allocating the property to the other partner can affect the running of the business, even if all the shares remain with the entrepreneur. The lawyer can put ownership and contracts in order; the valuer values the properties on appropriate assumptions and the tax adviser checks the proposed transfer.
Finally, set a closing date for the temporary management. You cannot sensibly divide a portfolio if an unclear rent receipt or maintenance invoice keeps changing the net value. Record which items run through the joint account up to the chosen closing date and how later income or costs will be settled. This makes the final proposal verifiable for both parties.
Dividing a property portfolio in a divorce: document checklist
- Prenuptial agreement or registered partnership agreement, including amendments.
- Title deeds, land registry extracts and any shareholder documents.
- Mortgage deeds, current balances, bank conditions and personal guarantees.
- Tenancy agreements, rent payments and relevant correspondence with tenants.
- Valuations, maintenance reports, service charges and operating statements.
- Evidence of personal contributions, repayments and payments through companies.
- Written proposals on management, buy-out, sale and tax assessment.
In a dispute about division, the Dutch judiciary (Rechtspraak) asks, among other things, for the owner, value, reference date, mortgage details, a proposal and supporting evidence for each property. An orderly file therefore saves time not only during negotiations but also in court proceedings.
Frequently asked questions
Does a property in my bv count as a private home or a joint property? The bv is in principle the owner. Next, examine who owns the shares and which property law claims exist. The property may be relevant to the share valuation.
Can my ex force the sale of the entire portfolio? That depends on the ownership and claims, the options for another form of division and any agreements. Get advice before you make a general promise to sell.
Which value applies to a rented-out property? That requires a valuation brief that takes the tenancy position and the relevant reference date into account. Do not use the value in vacant condition without substantiation.
May one partner keep the rent during the divorce? The legal entitlement to income and the obligation to bear costs require separate assessment. Record the temporary receipt and accounting explicitly.
Is transfer tax payable on a buy-out? That cannot be answered in general terms. Have the proposed allocation, ownership history and chosen route checked by a civil-law notary and tax adviser.
Öznur Batur and Onur Arslan can assess the family law claim and the property law structure of the real estate together. Appropriate experts are needed for property valuation and tax. Present your portfolio to us with an overview per property and any running deadlines.
Read more
- Division of assets in a divorce: business, property and debts
- Business valuation in a divorce
- Divorce with a bv or holding company
- No access to business records in a divorce
Sources consulted: Rechtspraak: checklist for community of property (in Dutch), Belastingdienst: buying out a partner on divorce (in Dutch), Belastingdienst: transfer tax (in Dutch).
