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Separation: who keeps the house?

When a couple separates, the house and the mortgage are the hardest sum. See how much it costs to keep the house, if you can pay for it alone, and how much each receives if they sell.
  • Both options, side by side
  • With the division taxes
  • No costs or commitment
What do you want to see?

Three questions to find out if you can keep the house

Approximate values are enough. No one sees what you write.
€

We account for €220,000.
€

We account for €120,000.
€

We account for €1,700.
If you haven't changed anything else, we assume half the house for each, marriage with common property, and €10,000 in savings. The interest rate (3.67%) is an assumption, not a proposal. The division taxes are an estimate: confirm them with the Tax Office or the registry.

How we calculate

There are two options for the house. We calculate both with the same numbers.

  1. Each person's share

    From the house's value, we subtract what is owed to the bank. What remains is divided equally or according to the parts you specify.Value minus debt

  2. Keep the house

    The person who stays pays the other person's share (the ) and the taxes, and keeps the loan alone. We check if your income is sufficient.Equalization payment and new loan

  3. Sell and divide

    From the sale price, we subtract the debt and the selling costs. Each person receives their share and is left without credit.Each goes their own way
Until the bank agrees to remove one of the names from the credit, both remain responsible for the debt, even after the divorce and division.

Illustrative cases

Illustration of Noémia in front of the house where she lives
Illustrative example

Noémia wanted to stay in the house where her children grew up.

She lives in Portimão and is 41 years old. The house is worth €240,000 and they still owe €130,000 to the bank. They were married, with common property. She wanted to know if she could pay her ex-husband's share and the instalment on her own.Net salary: €1,900 · Savings: €15,000 · 2 children
  1. 1The question: “Can I keep the house with just my salary?”
  2. 2What the simulator showed: she had to pay €55,000 to her ex-husband and €1,585 in taxes and registrations. With the savings, the credit would go to €171,585. In the 27 years remaining, the instalment was €836: 43.9% of the salary. With 34 years, it would drop to €737 (38.7%).
  3. 3The result: she asked the bank to keep the credit in her name only, with a longer term. Since the instalments were below 60% of the income, the spread could not increase. CrediSegur handled the process.

To pay the other person €55,000

Monthly payment alone€737

Monthly payment alone
€737
at 34 years, instead of €836
To pay the other person
€55,000
for their share
Impact on income
38.7%
with the longer term
“With the remaining term, it wasn't possible. With a few more years, it was. That's what I took to the bank.” — Noémia
Illustration of Valter and Judite, each on their side of the building they are going to sell
Illustrative example

Valter and Judite realized that neither of them could keep the house.

They lived in a de facto union in Castelo Branco. The house is worth €180,000 and they owe €95,000 to the bank. Each made the calculation to keep the house. Then they calculated selling it.Valter's salary: €1,350 · To keep the house: €624 per month, 46.2% of the salary
  1. 1The question: “If we sell, how much does each get?”
  2. 2What the simulator showed: for Valter to keep the house, the monthly payment took 46.2% of the salary, and there was still €1,254 of IMT, because they lived in a de facto union. Selling for €180,000, they paid the bank and €11,964 in costs, and had €73,036 left.
  3. 3The result: they sold. Each got €36,518 and no credit. With his share, Valter can buy a house up to about €147,000.

Selling costs €11,964

Each one's share€36,518

Each one's share
€36,518
after paying the bank and costs
Selling costs
€11,964
mediator, bank, and others
House Valter can buy
up to €147,000
with his share
“It was easier to decide with the numbers in front of both of us.” — Judite
*Illustrative, non-binding example, with fictional characters and values that do not correspond to the offer of any credit institution. This does not constitute a credit offer and does not replace an assessment of each client’s personal and financial situation, nor the approval of the lending credit institution. TAN, TAEG and MTIC values are presented under the terms of Decree-Law no. 74-A/2017 and Banco de Portugal Notice no. 5/2024; the actual values are calculated by the lending credit institution in the European Standardised Information Sheet (ESIS). CrediSegur (CRRF – Brokerage, Lda.) — tied credit intermediary registered with Banco de Portugal under no. 0001290. Informative simulation. Does not replace a lawyer or the registry office. Taxes and costs are estimates; the interest rate is an assumption.

What is true and what is myth about the house in a separation

Four ideas we often hear, and what to do in each case.
  • Myth“After the divorce, I stop owing the bank.”False. Divorce and division do not change the credit. Until the bank agrees to remove your name, you remain responsible for the entire debt.What to do: Request the credit change from the bank in writing and keep the response.
  • Truth“The bank cannot increase the spread because of the divorce.”True, if the payments of the person staying weigh less than 55% of the income, or 60% with 2 or more children. This is what the mortgage law states.What to do: Take your calculated accounts to the bank. They are in the result.
  • Depends“No tax is paid on the division of the house.”Depends. Married couples with common property do not pay IMT, but they do pay 0.8% of Stamp Duty on the part they receive. In a de facto union and in separation of property, there is also IMT.What to do: Account for taxes before agreeing on the amount to be paid.
  • Myth“Whoever stays in the house keeps it.”False. Living in the house does not make it yours. The house remains owned by both until the division, and whoever keeps it must pay the other person their share.What to do: Calculate each person's share before deciding.

The next step

You already have this answer. Keep going — each tool prepares the next decision.

The mortgage, reviewed with a manager

We check with you if your bank accepts the change, compare with other banks, and handle the process, with discretion and no brokerage fees.

Frequently Asked Questions

It is the money that the person who keeps the house pays to the other person for their share. It is calculated based on the value of the house after deducting what is still owed to the bank.
You request it from the bank. The bank reassesses the income of the person staying and may accept or not. By law, it cannot charge a fee for the change or increase the spread if the instalments remain below 55% of the income (60% with 2 or more children).
You can try to transfer the credit to another bank solely in your name, add another person to the credit, or provide another guarantee. If none of this is possible, the usual solution is to sell the house.
With savings or by asking the bank for a larger credit on the house. Banks typically lend up to 90% of the house's value. You can also arrange a payment in instalments between the two of you.
Stamp Duty of 0.8% on the part of the house you receive in addition. Married couples with common property do not pay IMT on that part. In a de facto union and separation of property, IMT is paid. Registry records are added at the registry office.
There may be IRS on the gain if you sell for more than you bought. If it was the house where you lived and you use the money to buy another house to live in, the gain may be exempt. Calculate it in our capital gains simulator.
Official data verified on 10/20/2026 · Sources: Diário da República, Autoridade Tributária, Banco de Portugal, INE, Segurança Social, Assembleia da República · see sourcesData from INE – Portugal, reused under the CC BY 4.0 licence.
Important note: Informative simulation. It is not legal or tax advice and does not replace a lawyer, solicitor, or the registry office. Taxes and costs are estimates based on current rules and should be confirmed with the Tax Office. The interest rate is an assumption and not a credit proposal. Credit modification and granting are subject to the credit institution's approval. Insurance proposals only after analyzing the client's needs. Sources (in Portuguese): CIMT, art.º 2.º, n.º 6, e art.º 17.º, n.º 6; Tabela Geral do Imposto do Selo, verba 1.1; DL n.º 74-A/2017, art.º 25.º; Regulamento Emolumentar dos Registos e do Notariado. CRRF – BROKERAGE, LDA (CrediSegur) is a tied credit intermediary registered with Banco de Portugal (n.º 0001290) and an insurance agent registered with ASF (n.º 421571530); does not charge fees for credit intermediation.