Selling your home during a divorce: the step-by-step plan from decision to notary

Before anything happens with the property, it's best to choose a direction together. In practice, there are two options: sell the property and divide the proceeds, or one partner buys out the other and stays in the house. Each choice has consequences for your budget and your future.

Buying out means that the remaining partner pays out half of the equity and takes over the loan alone. This only works if the bank agrees and if the income is sufficient. If that doesn't work, or if you both want a clean slate, selling is often the calmest path. Decide this together and put it in writing. As long as the property is not divided, it remains in undivided co-ownership, which keeps you financially tied to each other.

To divide fairly or buy out, you need to know what the property is really worth. A realistic valuation prevents arguments later and ensures that no one feels shortchanged. Preferably ask for a neutral estimate, for example from a surveyor or via a fixed price indication.

A buyer is happy to look at your property and give you a fixed, no-obligation offer based on its condition and location. This gives you a concrete figure to work with immediately, without months of uncertainty about what the market will do. This figure also helps if you prefer to buy out: it is a reference point to calculate the equity.

The sale price is not the same as what you will have left. First, the mortgage must be repaid. Ask your bank for an overview of the outstanding balance and any early repayment penalty if you repay early. Only when you know this do you know the real equity.

Also pay attention to the release from joint liability. As long as the loan is running, you both remain liable to the bank, even if only one of you lives in the house. When selling, the loan is repaid and that problem disappears. When buying out, the bank must formally release one partner from the loan. Arrange this in time, because without that release, you remain financially tied on paper.

Then comes the question of how to sell the property. Selling through an estate agent on the traditional market can fetch a good price, but it also brings uncertainty: planning viewings, waiting for an offer, a buyer who pulls out because their financing falls through. In a divorce, that uncertainty is often the last thing you need.

A professional buyer buys your property directly. No viewing days, no waiting list, no doubt about whether the sale will go through. You get a fixed offer from a buyer and you know exactly where you stand. You don't need to renovate or empty the property in advance. For those who want quick clarity and a guaranteed sale, this is the calm route.

• Traditional sale: possibly a higher price, but uncertain and slower.
• Direct purchase: a fixed offer, quick certainty, no hassle with viewings.

If you agree with the buyer or with the offer, the sales agreement (the so-called compromis) follows. It states the price, the parties, and the agreements about when everything should be completed. Both ex-partners sign, because you are both owners as long as the property is not divided.

Read the agreement carefully and, if in doubt, seek advice from your own notary or lawyer. We are not a notary and do not give legal advice, but we do ensure a clear document and a clear timeline, so you know exactly what the next steps are and when they will happen.

The sale only becomes final with the authentic deed at the notary. The notary checks everything, repays the outstanding loan, and arranges the payment. What remains after repaying the loan and costs is the net proceeds to be divided between you.

If you sell to a third party, it is usually a regular sale. If one of you buys out the other, it is called a division of the property, and division duty is usually due on it. The exact amount and how the proceeds are divided depend on your matrimonial property regime and any agreements. Always have this explained by your own notary. This way, you know in advance what will be left at the end.