Selling a house without your ex's agreement during a divorce

A divorce is already hard enough. If your ex also blocks the sale, it feels like you're being held hostage by your own home. You want to move on with your life, but the house, the loan, and the memories keep you tied together. That feeling of powerlessness is very understandable, and you are not alone.

Yet that deadlock is rarely permanent. As long as you are co-owners, we speak of undivided co-ownership: you both own an undivided share in the same property. Belgian law looks askance at such a forced situation. The principle is clear: no one can be forced to remain in undivided co-ownership. Whoever wants out may ask for the division. Your ex can delay that division, but in the long run cannot prevent it.

Important to know: the fact that a property is registered in one name does not automatically mean that person can decide alone. For married couples, much depends on your matrimonial property regime and on the fact that the family home enjoys extra protection. Therefore, always have a notary or lawyer check who exactly has which rights, because that determines your next step.

The court is the last resort, not the starting point. A legal procedure costs time and money and often brings tension. Before you take that path, it is worth honestly considering the calmer options. They usually produce results faster and leave more for both of you.

• Selling the house together. If you can agree on this, a regular sale is usually the simplest. The proceeds first go to the outstanding loan; the rest is divided according to each person's share.
• One buys out the other. If one of you wants to stay in the house, that person can buy out the other. Do consider the feasibility of the loan on one income and the division duty, the tax you pay when one party takes over full ownership.
• Staying co-owners temporarily. Sometimes people agree to remain in undivided co-ownership for a while, for example until the children are grown. That is possible, but make the arrangements properly with a notary and think about an end date.
• Mediation. A certified mediator or your notary can get a conversation going again without involving a judge.

If none of these paths work because your ex keeps refusing to sell and refuses to buy you out, then the judicial route comes into play.

If it is truly deadlocked, you can have the division enforced. This is called judicial liquidation and division. It proceeds roughly as follows:

1. You go to the family court. Together with your lawyer, you ask the court to order the division. The family court is competent for undivided co-ownership after a divorce.
2. The court orders the division and appoints a notary-liquidator. In the judgment, the judge pronounces the division and designates a notary to guide the entire process.
3. The notary draws up the account. The notary-liquidator maps everything: the value of the property, the outstanding loan, who paid what, and any compensation that may be due. Both parties get the chance to state their position.
4. The notary makes a division proposal. If you agree, the division is recorded. If there is disagreement, the notary notes those points of dispute in a report.
5. The court makes the final decision. In case of persistent disagreement, the file goes back to the court, which makes a binding decision on the disputed points.

If the house cannot be divided in kind, and a house is difficult to split in two, the sale is ordered. That can be a public (judicial) sale, where the property is publicly offered for sale. The net proceeds are then divided according to each person's share.

Be honest with yourself here: the judicial path is not a sprint. A full liquidation and division can easily take one to several years, especially if there is disagreement on many points. Every dispute that goes to court lengthens the process. The more you can settle amicably, the faster and cheaper it will be.

Costs also add up. Think of your lawyer's fees, the costs of the notary-liquidator, possible valuation costs for the property, and court costs. In a public sale, there are also selling costs. The exact amounts depend heavily on the complexity of your file, so ask your lawyer and notary for an estimate beforehand.

Additionally, there is the division duty, the registration tax you pay when a property leaves undivided co-ownership. Rates vary by region and change from time to time, so always have the exact amount calculated for your situation. For orientation, based on public sources:

• Flanders: a general rate of 2.5%, with a reduced rate of 1% in case of divorce or termination of legal cohabitation, under certain conditions.
• Brussels: usually 1%.
• Wallonia: a rate that increases in 2026, reportedly maintaining 1% for divorce or end of legal cohabitation.

These figures give an indication, not a guarantee. The division duty is calculated on a specific basis and conditions and exceptions apply. Have your accountant or notary confirm the amount for your file.

Even if the ownership is divided, the mortgage loan remains a separate story. As long as you both took out the loan, you both remain liable to the bank in principle, even if one of you has already left the house. Whoever is bought out will therefore want to be released from the loan. That requires the bank's agreement and does not happen automatically.

Discuss this in a timely manner with your credit institution and your notary. It is one of the points people most often overlook, and it can cost you dearly later if your ex stops paying while your name is still on the contract. So include this in every scenario, whether you sell, are bought out, or buy out.

The shortest way out of a deadlock rarely starts at the court. First try, possibly through mediation or your notary, whether a sale or buyout amicably is still possible. Put those conversations on paper as soon as there is movement.

If your ex continues to block everything, know that the law is on your side: you can exit undivided co-ownership and enforce the division. In that case, go to a lawyer specialized in family law and have a notary guide you. This article gives you an overview, but it does not replace personal advice. Every divorce and every matrimonial property regime is different, and it is precisely those details that determine your best move.

In the meantime, would you like to know what your property could fetch in a smooth sale, without waiting for months? We do not buy houses ourselves, but we compare home buyers on the Belgian market for free and neutrally, so you can make an informed choice in peace.