What the notary does when dividing your home after a divorce

As long as you are co-owners, your home is not automatically divided after a divorce. Your name and your ex-partner's name remain on the purchase deed, and that situation legally continues until someone takes action. This is called undivided co-ownership: you both own a share, but neither can decide alone about the whole.

To properly end this undivided co-ownership, you will eventually need the notary. The notary is the only one who can draw up the official deed that transfers ownership, either to one of you or to a buyer. Without that deed, nothing changes regarding who is the legal owner, even if you have been apart for a long time.

The notary works neutrally. He or she does not take sides but ensures everything is legally correct and that the proceeds are divided fairly.

In practice, there are two ways to end undivided co-ownership. Either you sell the home to someone else and divide the proceeds together, or one of you buys out the other and stays in the house alone.

In a buyout, the partner who stays pays half of the value (or the agreed share) to the other. Often, that person must then continue the mortgage loan alone. The bank must agree, because the departing partner usually wants a release from joint liability, so that he or she is no longer responsible for the loan.

• Selling: the home goes to a buyer. The proceeds are divided between the ex-partners after deducting the outstanding loan and costs.
• Buyout: one partner takes over the home completely and pays the other out, usually with a refinancing of the loan.

Which path suits you best depends on your situation. Does someone want to stay and can they afford it alone, or do you both prefer a clean start?

When a home is divided between two ex-partners and one buys out the other, a tax is due on that division in Belgium. This is called the division duty. It is calculated on the value of the home and arranged through the notary, together with the deed.

The exact rate and calculation method can vary depending on the region (Flanders, Brussels, or Wallonia) and your personal situation. We are not a notary and do not provide tax advice, so for the precise amount in your case, you should rely on your own notary. They can give you a clear estimate in advance of what is due.

Good to know: in a regular sale to a third party, where the home leaves the family, the division duty does not apply in the same way. Then the proceeds are simply divided. Here too, it is best to have your notary inform you about what applies to your file.

On the day everything is finalised, you sign the deed at the notary's office. In a sale, this is the purchase deed for the new owner. In a buyout, it is a deed of division. From that moment, the ownership is officially settled and the undivided co-ownership is ended.

The notary also manages the money. The sale price first comes to the notary. From that, the outstanding mortgage loan is repaid, costs and any taxes are settled, and only then is the balance divided between you and your ex-partner according to the agreements made. This ensures that the bank is paid and that each receives their share correctly.

If there are still disputes about the division, a notary can mediate. If you really cannot agree, sometimes a lawyer or the court comes into play. We never act as a notary, lawyer, or mediator. For those steps, we refer you to your own advisor.

If you choose to sell, most people in a divorce mainly want clarity and speed. A direct buyer can help there: the buyer purchases your home directly with a fixed, non-binding offer. No viewings that drag on for months, no uncertainty about whether the sale will go through.

Once you accept a buyer's offer, the agreements are set and the file goes to the notary. The notary draws up the deed, arranges the repayment of the loan, and the division of the proceeds between you and your ex-partner. You do not need to find potential buyers yourself, and you know in advance what amount is on the table.

For you and your ex-partner, that means a clear path: an offer, a deed, a division. If you want to know what your home could yield, request a free offer via /gratis-bod. You then decide yourself whether it suits you.