Exiting undivided co-ownership after a divorce

In practice, there are two main routes to exit undivided co-ownership. Which one fits best depends on your situation and what you can agree on together.

• Selling together to a third party. You sell the property and divide the proceeds after repaying the outstanding loan. After that, the undivided co-ownership is lifted, and you are both released from the joint burdens.
• One of you buys out the other. The one staying in the property pays the other party their share and takes over the loan alone. This requires a release from joint liability from the bank, so that the departing partner is no longer jointly liable for the loan.

Both routes go through the notary, who officially records the division. To see what suits you best, it is best to discuss it with your own advisor. If you choose to sell, you can compare direct buyers on this site and request an offer.

Sometimes it is not possible to reach an agreement. One wants to sell, the other wants to stay, or there is too much tension to sit at the table together. Even then, you do not have to stay stuck in the undivided co-ownership. No one is obliged to remain an owner against their will.

If you really cannot reach an agreement, one of you can request the exit from undivided co-ownership. The notary will first try to mediate. If that fails, the case can go to court. In the worst case, the judge orders a forced public sale of the property.

Such a forced sale of the property after a divorce then happens publicly, often below market value and without you having control over the timing or the price. It is usually the slowest and least advantageous route. That is why it is worthwhile to keep talking as long as possible.

The notary is the key figure in lifting the undivided co-ownership. They draw up the division deed, check the title deeds, and ensure everything is legally correct. Without a notary, a property cannot be officially divided or transferred.

When dividing or buying out, in Flanders you usually pay division duty. This is a registration tax on the value of the share that transfers to the other party. The rate and exact calculation depend on your situation, so always ask your notary about it. We deliberately do not give fiscal or legal advice.

In addition to the division duty, other issues may arise, such as a possible occupation compensation for the period that one of you lived alone in the property. You also arrange that with your notary, lawyer, or the justice of the peace, not with us.

If you choose to sell the property, speed and certainty often matter most. A traditional sale can take months, with viewings, negotiations, and uncertainty about the final price. That is exactly what many people want to avoid after a divorce.

A direct buyer purchases properties directly and makes a fixed, non-binding offer, so you immediately know where you stand. No viewings, no waiting for an interested buyer, no doubt whether the sale will go through. On this site, you compare independent direct buyers in your region: you request an offer, and the direct buyers make a proposal. Once you agree with a direct buyer, everything proceeds through the notary.

This way, you can lift the undivided co-ownership faster and draw a line under this chapter together. We are not a direct buyer, estate agent, notary, or lawyer ourselves: we only help you compare direct buyers. For the legal and fiscal side, you stay with your own advisors.