Inheriting a house with multiple heirs often has an emotional side. A let property also brings income, obligations and risks. One heir may want to keep living in the house or continue the portfolio, while the others want to receive money. The key question is not only what the property is worth, but who legally owns it, which debts are secured on it and how a buy-out can be made affordable and workable.
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.
First check whether the property really belongs jointly to the heirs. Where the statutory division (wettelijke verdeling) applies after the death of a parent who leaves a surviving spouse, children may, for example, have a monetary claim instead of co-ownership of the house. A legacy (legaat), a will, matrimonial property law or a property held in a private limited company (bv) can also change the starting position. A civil-law notary can assess the title and the deeds required.
Inheriting a house with multiple heirs: who may decide?
If several heirs are jointly entitled to the house, they must make arrangements on allocation and compensation for a voluntary buy-out. Everyone involved must know what the house is worth, how much debt is secured on it and what else is in the estate. An heir who wants to keep the house cannot exclude the others simply by transferring an amount of their own choosing. Nor can a brother or sister who wants a sale put the house on the market alone without the required authority.
The role of an executor (executeur) deserves separate attention. An ordinary executor manages the estate and pays debts within the scope of their mandate; an estate administrator (afwikkelingsbewindvoerder) may have more powers under the will, sometimes including division. A liquidator (vereffenaar) has yet another task. Check the certificate of inheritance (verklaring van erfrecht) and the will before an estate agent is instructed or a purchase agreement is signed. If voluntary agreement is not reached, the court can decide on the division; the precise route follows from the legal position of everyone involved.
Under the statutory division with a surviving spouse and children, the situation is different: the surviving spouse acquires the assets and the children in principle receive a monetary claim equal to their inheritance share. The children are then not simply joint owners of the house. A conversation about ‘buying out brothers and sisters’ may in reality be about the valuation of those monetary claims and when they become payable. Make that distinction before you instruct a valuer.
Map ownership, use and financing
Collect title deeds, mortgage documents, the will, the certificate of inheritance, lease agreements, insurance policies, owners’ association (VvE) documents, maintenance records and current accounts. Check whether the deceased owned the property privately, together with someone else, or through a company. A property owned by a property bv is not inherited directly as real estate by whoever inherits the shares. Other documents apply to a transfer of the shares, and other tax questions may arise.
Note who uses the property and under what arrangement. Are tenants still paying into an account of the deceased? Does an heir live in the house? Which costs have been paid since the death from the estate or from private funds? Record this before the costs mount up over the months. An arrangement for temporary use is not yet a final allocation; write down how rent, costs and any fee for use will be treated in the final settlement.
Have the right value determined
Before the valuation, ask which asset and which date are relevant. A house that can be delivered vacant, a let apartment and commercial premises with a long lease can be valued very differently. For a portfolio, the state of maintenance, vacancy, rent arrears, sustainability, zoning options and property-specific financing all play a part. Agree whether one valuer will act for both parties and how comments on incorrect assumptions will be dealt with.
The WOZ value (WOZ-waarde) may be relevant for certain tax purposes, but it is not necessarily a usable buy-out sum. Inheritance tax follows its own rules. A civil-law arrangement between heirs must state clearly which value they are using and why. Have an adviser assess whether an intended transfer has consequences for inheritance tax, transfer tax or income tax; the answer depends on the ownership structure and the transaction.
Calculate a buy-out in full
Suppose a house is valued at € 600,000 and there is still a € 200,000 mortgage on it. The net value before costs and other items then appears to be € 400,000. With two heirs with equal rights, a first rough calculation for the other heir could be € 200,000. But that is not a final buy-out sum: the will, other assets and debts, costs already paid, earlier advances, tax effects and arrangements on financing can change the amount.
The heir taking over must be able to bear both the buy-out and the existing or new financing. A mortgage does not disappear because of a family arrangement; the lender must be involved in any release from liability and new financing. Before a binding agreement is made, have it investigated whether the bank will cooperate and on what conditions. Arrange the notarial transfer or deed of division, payment, security and the moment at which risk and costs pass. If the financing does not come through, the agreement must contain a workable alternative.
Inheriting a house with a mortgage: two separate obligations
The mortgage loan has a contractual side towards the bank and an internal side between those settling the estate. Even if the parties agree that one heir will pay the monthly costs, it must be checked who remains liable under the loan. Ask the bank in good time which documents and income details are needed for a takeover or new financing. Then calculate the net value using the correct loan balance on the chosen date and keep track of who has paid interest, repayments and maintenance since the death.
Include in the buy-out agreement a clear deadline for financing and an alternative if it is refused. A civil-law notary can only draw up an appropriate deed once the title, debts, payments and required consent are sufficiently clear. The notarial deed and registration with the Land Registry (Kadaster) bring about the formal allocation of the house; an agreement by email between the heirs alone is not enough for that.
When does selling make more sense?
A sale may be appropriate if no one wants to keep the property, the buy-out cannot be financed or the heirs do not want joint management. In that case, agree on an asking price or sales process, who appoints an estate agent, how costs are paid and who makes decisions on offers. The net proceeds are the sale price minus, among other things, repayments and transaction-related costs, after which the division of the estate follows. A quick sale is not automatically advantageous; equally, vacancy, maintenance and financing costs mean that a long wait is not free either.
With let property, a sale requires more preparation. Check existing tenancy rights, rental deposits, maintenance obligations and the information a buyer needs. For a portfolio, selling per property, in parts or in a single transaction may produce different amounts, costs and lead times. Compare the scenarios in net terms.
| Option | Relevant for the heirs | Decision point before signing |
|---|---|---|
| One heir buys out the others | Net value, financing, interest and payment term | Is payment with appropriate security feasible? |
| Joint sale | Asking price, tenancy situation, estate agent’s fees and repayment to the bank | Who is authorised to accept an offer? |
| Keeping it together temporarily | Rent, maintenance, taxes and risk of vacancy | Who manages it and when can each heir exit? |
Inheritance tax on an inherited home follows specific valuation rules. For a home, the Dutch Tax Administration (Belastingdienst) allows, under certain conditions, a choice between the WOZ value in the year of death and that in the following year. That tax amount is not automatically the price at which the heirs buy each other out. A let home may also have tax particularities. For the actual tax return and a transfer, seek advice from a civil-law notary and a tax adviser; do not put one value in all documents without explanation.
And if you want to keep the properties together?
Joint ownership is a choice that calls for management arrangements. Who decides on maintenance, new tenants, financing, sale and major investments? How are rent, reserves, taxes and unforeseen costs shared? What happens if someone wants to end their interest, dies or can no longer contribute? Without written arrangements, a temporary compromise can later become an expensive dispute.
With a property bv, company law also comes into play: management, shareholder rights, dividend policy, financing covenants and transfer restrictions. An heir who inherits shares does not thereby automatically acquire the right to sell the bv’s property on their own. See an inheritance with a business and property for the combined approach.
Fictitious example. Under a will, three children jointly inherit two let properties, one of which has an overdue roof repair. One child wants to buy both properties. The first calculation takes into account only the valuations and mortgage amounts. Once the lease agreements, the maintenance estimate and the costs paid by one child come into view, they agree on a different net settlement and a financing condition. Only then does the civil-law notary start work. This example is a working method, not a standard formula.
What if one heir will not cooperate?
First make clear exactly what is being refused: access, a valuation, consent to a sale or signing an agreement. Send a concrete proposal with documents, the basis of valuation, a deadline and an alternative. Sometimes mediation makes sense; in the case of persistent disagreement, a lawyer can assess which court route for division or which urgent measure is appropriate. The court can help in a dispute about division, but the outcome depends on the interests and facts. Read dividing an inheritance when there is a dispute.
Frequently asked questions
Can I force my brother or sister to be bought out? A voluntary buy-out requires an appropriate legal basis and arrangements. In the event of disagreement, a court can decide on the division; you cannot simply set an amount yourself and thereby become the owner.
Is a valuation mandatory? A reliable value is important in practice, especially for a buy-out. What substantiation is needed depends on the will, the arrangements and any proceedings.
Who pays the mortgage until the house has been divided? The obligation towards the bank and the internal sharing of costs are separate questions. Record amounts paid and have it assessed how they will be set off.
May one heir continue to live in the house? That depends on the legal position and the arrangements. Arrange temporary use, costs and any fee in writing to prevent later disagreement.
Does the same route apply to a property in a bv? No. In that case, the position of the bv and of the inherited shares must be investigated first; a transfer of the property and a transfer of shares are legally different.
Can I simply sell a let property with vacant possession? No. The existing tenancy position and tenant protection must be investigated. A valuation that assumes vacant possession while a valid lease continues may be misleading for the chosen sales route.
Which WOZ value applies for inheritance tax? According to the Tax Administration, for an inherited home you may, under certain conditions, choose between the WOZ value of the year of death and that of the following year. For a let property and for the civil-law buy-out, have the correct basis reviewed separately.
Can the buy-out go ahead if the bank does not provide a new mortgage? Only if there is another workable financing route or the parties adjust the arrangement accordingly. Include a financing condition and a concrete alternative, for example a sale according to an agreed process.
Does the estate include a house, a let property or a property bv? Discuss the documents and the outcome you want with Arslan. Öznur Batur maps the family position and Onur Arslan the property law and business side. Powers under the will, valuation and tax are reviewed separately for the chosen route.
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Sources consulted: Notaris.nl: inheriting a home (in Dutch), Notaris.nl: questions about inheriting a home (in Dutch), Belastingdienst: value of an inheritance (in Dutch), Rechtspraak: dividing an inheritance (in Dutch).
