Should you sell the house before or after the divorce?

People often ask "divorce first or sell first?", but actually there are two separate knots you need to untie.

The first knot is the destination of the home: do you sell together to someone else, or does one of you buy out the other and stay living alone in the house? The second knot is the timing: do you make that agreement before the divorce is officially final, or only afterwards?

The destination mainly determines your tax and financial situation. The timing mainly determines your peace of mind and your housing costs in the interim. In practice, many couples choose to set the destination in their agreements, while the actual sale or buyout follows later. This way, you know where you stand without having to act under pressure.

What you do with the home has direct consequences for the tax on it. This is where the most money is at stake.

Does one of you buy out the other? Then the co-ownership is divided, and in Flanders you pay the division tax, commonly known as the misery tax. The standard rate is 2.5 percent, but for a divorce or the end of a legal cohabitation (that lasted at least a year), a reduced rate of 1 percent applies. In the Brussels-Capital Region and in Wallonia, this division tax is also 1 percent. Note: the division tax is calculated on the full current value of the home, not just the part you take over. In Flanders, there is an allowance that exempts a first portion of the value for ex-partners. Factual cohabitants are not entitled to the reduced rate.

Are you selling to someone else? Then there is no division tax due, because nothing is divided between the two of you: the home goes to an external buyer. That buyer pays the registration duties (the sales tax) themselves, as with any normal purchase. For you as a divorcing couple, the misery tax falls away completely in that scenario. This makes a sale to a third party in many cases more tax-efficient than a buyout, especially for a home with a high value.

For the exact figures for your situation, including the allowance and the conditions, it's best to calculate with your notary. They know the current rates and your file.

Completing a sale while the divorce is still ongoing, or just before, has clear advantages.

You immediately know how much the home yields, so you can divide the proceeds with a concrete amount instead of an estimate. This makes the agreements about the division sharper and avoids later disputes. You also stop sharing the burden sooner: once the house is sold, the joint loan and fixed costs disappear.

There are also disadvantages. You have to go through the sales process together while the relationship is just about to break down, which can be emotionally heavy. Moreover, you have to agree on the asking price, the estate agent, and every offer. Without agreement, the sale won't progress. And because the family home is legally protected, neither of you can sell it alone: you both have to consent, even if the home is only in one name.

Waiting until the divorce is pronounced gives you more breathing room. You make decisions about the home with more distance, and sometimes with less tension because the legal knot has already been cut.

In a divorce by mutual consent, the sale doesn't have to be completed before you file the case with the court. In the settlement deed, you agree that the home will be sold and how you will divide the proceeds. The deed of sale itself can follow later. This way, you separate the divorce from the sale date, without being left without agreements.

The biggest disadvantage is financial: as long as the home isn't sold, the double housing costs continue. Often, one of you has already moved elsewhere, which means an extra rent or second loan on top of the existing loan on the family home. That monthly pressure can build up if the sale drags on. You also remain co-owners until the sale is complete, with the shared responsibility that entails.

If you choose a divorce by mutual consent, the settlement deed is your most important document. In it, you make binding agreements about everything related to the divorce: the children, maintenance payments, and the division of your assets, including the home.

For the house, it's best to include specifically what will happen: will it be sold, or will one buy out the other, at what value, and according to what division key will the proceeds or the remainder of the loan go? Practical points also belong: who lives there in the meantime, who pays which costs, and by when must the sale be completed? The sharper those agreements, the less room for dispute later.

Because real estate is involved, a notary will definitely be needed for the division deed or the deed of sale. The settlement deed itself is drawn up with the help of a notary or lawyer. Never put those agreements together on your own: a small detail in the wording can have major consequences later for who pays what.

There is no ready-made answer that works for every couple. However, a few questions can help you on your way.

Can you still decide together about price and sale? Then selling together before or during the divorce is often the calmest path to a clean slate. Are the double housing costs mounting? Then every month counts, and you don't want to delay the sale unnecessarily. Does one of you absolutely want to stay in the house? Then first carefully calculate the division tax and the feasibility of the loan in one name, because a buyout is more expensive tax-wise than a sale to someone else.

Whatever you choose, get guidance. A notary calculates the tax consequences for you, a lawyer protects your rights, and a mediator helps you reach a supported agreement. They know the current rules and your specific file, which this guide cannot replace.

Ready for the sale itself? Then you don't have to search for the right party alone. With our free and neutral comparator, you present your home to multiple home buyers and see at a glance which offer best fits your situation. We don't buy homes ourselves, so you get an honest overview without sales pressure.