Who gets the house in a divorce?

Many people think there is a fixed law about who gets the house in a divorce. That is not the case. Who may stay in the family home or who eventually takes it over depends on your specific situation, not on a general rule.

Three things together determine what is possible: whose name the house is in (ownership), whether you are married, legally cohabiting, or factually cohabiting, and which matrimonial property regime applies. Only when these three points are clear do you know which options are on the table.

We are not an estate agent, notary, or lawyer, and we do not give legal or tax advice. For the correct application to your situation, your own notary or lawyer is the right person. What is stated below mainly gives you a clear general picture.

The first question is always: whose house is it? If the house is solely in the name of one of you, and that person owned it before the relationship, that is different from when you bought it together. You can find this in the deed of purchase at the notary.

Your form of cohabitation also matters. If you are married, the matrimonial property regime determines a lot. In a community regime, a family home bought during the marriage often falls into the community. In a separation of goods, each remains owner of what is in their name. For legal and factual cohabitants, what counts is mainly who is on the deed and each person's contribution.

• Married: the matrimonial property regime determines whether the house is communal or personal.
• Legally cohabiting: each remains owner according to the deed, and the family home enjoys special protection.
• Factually cohabiting: only the person on the deed is the legal owner.

Once it is clear who owns what, in practice there are three ways forward for the house. Which one fits best depends on your financial situation and what you both want.

• Selling together: you sell the house and divide the proceeds after deducting the outstanding mortgage. This gives you both a clean slate and a clear closure.
• One of you buys out the other: the one who stays in the house pays the other partner their share. For this, that person must be able to finance the house and usually arrange the release from joint liability with the bank, so that the departing partner no longer signs for the loan.
• Temporarily remaining in undivided co-ownership: you remain co-owners, for example until the children are a bit older. This requires clear agreements about who lives there, who bears the costs, and until when the arrangement runs.

In a buyout or a sale between ex-partners, in Flanders there is usually division duty due on the part that transfers. The precise calculation and the correct amount you discuss with your notary, because it depends on your situation.

In a divorce involving a house, the notary is almost always involved. They draw up the deed of purchase when one of you buys out the other, or the deed of sale when you sell together. The notary also calculates what still needs to be repaid to the bank and arranges the division of what remains.

In addition, the notary guides the division of the undivided co-ownership and records the agreements made. If you are married, the notary also comes into play for the settlement and division of the matrimonial property. For questions about your rights, a lawyer can assist you.

A buyer can help in the step before that. They can quickly give you a concrete, non-binding offer on the house, so you know what amount you can count on. The official handling then proceeds neatly through the notary.

A divorce is not just about numbers. The family home is the place where your life took place, and that makes the decision to sell or take it over extra heavy. That feeling is normal, and it is wise not to rush that decision.

If there are children, their stability plays a role. Sometimes people consciously choose to remain in undivided co-ownership for a while, so the children can stay in their familiar environment. In other cases, a quick, certain sale brings exactly the peace everyone needs to move on.

Whatever you choose, it helps to first have a clear picture of what the house will yield. With a fixed offer in hand, you can calmly compare the options, without the pressure of a long sale or viewings during a difficult period.