Home buyer or estate agent during a divorce: what is the best choice?

Selling a home is never purely business, but during a divorce an extra layer is added. You are not only dividing a house, but also memories, often under time pressure or tension. Precisely for this reason, it is good to compare the two sales routes soberly, so that emotion does not completely steer the decision.

In Belgium, there are roughly four options for the family home: selling together to a third party, where one partner buys out the other and takes over the house, renting it out temporarily, or remaining co-owners for the time being (in undivided co-ownership). If you choose to sell, you then face the question: via an estate agent on the open market, or directly to a home buyer. Both routes have their place. Which fits best depends on your priorities, your financial room, and the relationship with your ex-partner.

A good estate agent knows the local market, presents your home professionally, and negotiates on your behalf. In the long run, the open market therefore usually yields the highest price, especially if your home is in good condition and attractively located.

Three things stand against this. First, the costs: the commission in Belgium is usually between 2 and 3 percent of the sale price, with about 2.5 percent as the most common rate, and 21 percent VAT is added on top. On a home of 300,000 euros, this quickly adds up to several thousand euros. This commission is often negotiable, so ask for it.

Second, the time. From listing to an accepted offer takes on average about 60 to 90 days, and from listing to the notarial deed you can count on 3 to 6 months in practice. Third, the uncertainty: viewings, offers that fall through, and buyers whose financing does not work out are part of it. During a divorce, where you might be in a hurry to become financially independent, that uncertainty can weigh extra heavily.

A home buyer purchases your home directly, usually in the state it is in. You receive a concrete, fixed offer and do not need to organize viewings, freshen up the home, or pay an estate agent commission. The turnaround time is usually much shorter than on the open market, providing peace and clarity.

The downside is the price. Because a home buyer takes over the risk, speed, and possibly renovation work, the offer is generally below the top price that an estate agent could achieve on the open market in the long run. You are thus trading part of the proceeds for speed and certainty. How large that difference is depends strongly on the home and the buyer, and that is exactly why comparing is so important: offers can vary significantly.

Important to know: we are a neutral comparator and do not buy homes ourselves. We help you put multiple home buyers side by side, so you can assess for yourself whether the speed is worth the price difference.

For some situations, it is not the last euro that counts, but mainly that the knot is cut quickly and with certainty. A home buyer then comes into the picture sooner:

• The bank does not let you out of the joint loan. As long as both partners are on the mortgage loan, you remain jointly liable. Removing a partner from the loan (release from joint liability) is only possible if the bank agrees, and it requires that the remaining partner can bear the loan alone. If that does not work, selling is often the only way to truly become independent.
• There is a deadlock. If you and your ex-partner cannot agree on price or approach, a quick, fixed offer can defuse the discussion.
• There is time pressure. Think of a new living situation that needs to be arranged, rising double housing costs, or the desire to close a painful chapter.

If you do not have that pressure and the relationship is workable, then the open market via an estate agent gives you more time to seek the highest price. There is no universally correct answer, only the answer that fits your situation.

Besides price and speed, costs and rules play a role that differ per situation and per region. If you do not sell the home but take it over (buyout), you generally pay division duty, commonly known as the 'miserietaks'. The standard rate in Flanders is 2.5 percent, but for ex-spouses and ex-legal cohabitants a reduced rate of 1 percent applies under conditions. In Brussels and Wallonia, the rate has traditionally been 1 percent, although Wallonia will increase this to 3 percent from 2026 for most cases, with an exception for divorce and the end of legal cohabitation. If you simply sell the home to a third party or to a home buyer, this division duty does not apply.

The loan also deserves attention. A mutual agreement that one of the partners will pay everything from now on does not protect you from the bank: without a formal release from joint liability, you remain jointly liable. The notary guides the property transfer, but the bank decides on the loan.

This article provides general, current information and is not personal advice. Your situation depends on your marital regime, property arrangements, region, and agreements with your ex-partner. Therefore, always seek assistance from your own notary, lawyer, or accountant before making a decision.