Separating: who can remain in the rented home?

Map both occupants’ legal positions

Collect the tenancy and amendments. Distinguish spouses or registered partners, statutory co-tenants, contractual joint tenants and occupants without independent tenancy rights. The official spouse and co-tenant guidance explains differences. Record main residence and earlier moves. Registration provides evidence of occupation without replacing every legal status requirement or proving entitlement to continuation on its own.

Marriage and registered partnership

A partner with main residence can have statutory co-tenancy despite not appearing in the original agreement. On divorce, a court may be asked to determine who continues. Longest registration or highest income does not automatically decide. Gather relevant interests for both occupants. Any agreement should follow the appropriate legal route and establish when continuation or release becomes effective.

Unmarried cohabitation and joint contracts

Two named contractual tenants may have joint tenancy rather than statutory co-tenancy. Assess how one leaves while the other continues. The Juridisch Loket co-tenancy guide helps distinguish positions. An agreement that your former partner pays everything does not automatically remove the landlord’s contractual claim against you. Keep internal cost sharing distinct from external liability.

Agree temporary occupation clearly

An immediate decision may be needed about who remains provisionally. Record access, belongings, post and payments without describing a temporary measure as definitive waiver. Divorce proceedings may allow interim measures. The Rechtspraak divorce procedure explains them. Establish the applicable procedure and representation requirements; ordinary tenancy-case rules do not necessarily apply to every family-law measure.

Substantiate continuation interests

Explain childcare, access to work, health, finances and alternative housing with suitable evidence. A 2026 appellate decision illustrates weighing interests. A published case is not a guarantee that the same argument decides yours. Households, available accommodation, documents and procedural circumstances differ, so connect each claimed interest to its actual practical consequence.

Divide rent, deposit and later charges

List ongoing rent, arrears, advances and deposit. Record who pays what and how later accounts are shared. The landlord may still rely on different contractual liability. Paying half a deposit between partners is not repayment by the landlord. Preserve separate agreements and money flows so internal arrangements do not become confused with the continuing tenancy account.

Communicate continuation to the landlord

Obtain written confirmation of continuation and release where required by the relevant route. Compare a replacement agreement for changed duration, price or rights. Not every landlord demand governs statutory continuation. A housing permit can matter in particular situations. Resolve uncertainty before unnecessarily signing full termination, especially if the intention is simply that one existing resident remains.

If discussion fails

Seek legal assistance about the correct procedure and provisional or definitive decisions. Explain urgency, safety concerns and existing documents. Mediation only helps where arrangements can be discussed safely and practically; generic advice to talk is not suitable for every relationship. Track deadlines and court documents. Separation negotiations do not automatically postpone a required response in another proceeding.

Carry out departure without unresolved obligations

Once continuation is settled, arrange belongings, keys, payments and address changes. Establish obligations remaining after departure. The notice guide addresses ending the whole agreement; continuation by one occupant differs. Identify service charges and deposit separately. Replace temporary arrangements with the definitive decision or agreement and retain its final version and effective date.

• Agreement and all tenant names
• Marriage, partnership or co-tenancy evidence
• Main residence and departure dates
• Temporary occupation and payment arrangements
• Continuation interests and alternatives
• Definitive decision and liability confirmation