Sharing ownership of a property can work well for many years. However, circumstances can change, and some owners may want to end co-ownership in Belgium. A separation, an inheritance or financial difficulties can change the situation. Belgian law provides several ways to resolve these issues, as we explain below. Depending on the circumstances, you can negotiate a sale, agree on a division or ask the court to intervene. However, not all jointly owned properties follow the same rules.
This guide explains the main options, their financial consequences and the steps involved in preparing an exit and dividing the property. It also covers inheritance, divorce, joint purchases and situations involving more than one country.
What does it mean to own a property in undivided shares?
Co-ownership in Belgium means that several people own a property, with each holding a percentage of the whole. If you own a share of a house, you do not own a particular room or floor. Your share extends to the entire property. This situation is common when relatives inherit together, when a couple buys a home or following a divorce. It is also important to distinguish the usufructuary, who can live in the home or rent it out, from the bare owner, who owns the property.
💡 A simple explanation: Imagine that you and a friend buy a pizza, each paying half. Undivided ownership means that the pizza has not yet been cut in two. You both own the whole pizza, each with a 50% share. The same principle applies to property. If you and your brother inherit a house equally, this does not mean that one owns the upstairs and the other the downstairs. Each of you owns half of the house as a whole. The “problem” with co-ownership is that all owners must agree to sell, rent out the property or make important decisions. This is because nobody owns a specific physical part.
The right to end co-ownership and its limits
Nobody has to remain trapped in a shared property, but the way to end co-ownership under Belgian law depends on the circumstances. The law provides that nobody must remain in undivided ownership against their will. If the situation arose incidentally, such as through inheritance, it is known as incidental co-ownership. In that case, the law allows you to request a sale or division at any time. However, if the arrangement was voluntary, such as buying a home with your partner, you must refer to the contract. Because a home cannot be physically divided, there are three ways to resolve the situation, as explained below. The purchase date matters because the law changed on 1 September 2021. Earlier cases must be examined under the rules applicable to them.
Options for ending co-ownership
If you own a home with others and want to end that arrangement, several options are available. To end co-ownership in Belgium, you need to know whether the others want to sell or whether someone wishes to keep the property. You should also establish its value, any outstanding debts and each owner’s financial capacity, or solvency.
| Option | What it involves | What to check |
|---|---|---|
| Sell together | Sell the property and distribute the money due to each owner. | The price, outstanding mortgage, costs and any amounts owed between owners. |
| One owner keeps the property | One owner acquires the others’ shares and pays them the agreed compensation. | The property’s value, financing and the bank’s conditions if there is a mortgage. |
| Divide the property | Split it into separate properties, where possible. | Planning permission, necessary works, access and the cost of division. |
| Sell only your share | Transfer your share to someone else, who will become a co-owner with the others. | The sale conditions, existing agreements and the rights of other owners or heirs. |
| Seek a court solution | Go to court when no agreement can be reached. | The documents, costs and procedure appropriate to your case. |
| Agree to leave later | Keep the property in shared ownership temporarily and agree on how to end the arrangement. | Use of the property and allocation of expenses. |
Sell the home to a third party and divide the money
When everyone wants to sell, they can agree on a sale price for a third-party buyer. The money is then divided according to each owner’s rights. Before calculating what each person will receive, the outstanding mortgage, costs and amounts owed between owners must be taken into account. The sale price therefore does not necessarily equal the amount available for distribution.
One owner keeps the home
If one owner wants to keep the home, they can negotiate the purchase of the others’ shares. They must agree on the property’s value and the amount payable to each owner. In French, this financial compensation is called a soulte. Keeping the home requires all owners’ agreement, although the law provides certain situations in which preferential allocation can be requested.
💡 Practical tip: If there is a mortgage, speak to the bank before finalising the agreement. Giving up ownership does not automatically release you from the loan.
Divide the property into separate units
Some plots of land or buildings can be divided so that each owner receives a separate property. For example, it may be possible to split land into plots or convert a building into separate flats. However, division is not always physically possible. It depends on permits, building works, authorisations, available space and other factors.
💡 Before choosing this option, check the permits, access arrangements and necessary works. You should also calculate whether the cost of the paperwork or building works makes the option worthwhile for the owners.
Sell your share
Another option is to sell your share without selling the whole property. The buyer takes your place as a co-owner and shares ownership with the others. They do not acquire a specific floor or particular rooms, but a percentage of the entire property. Before selling, check any restrictions. For example, if the property was inherited, the rights of the other heirs must also be considered.
Go to court when no agreement can be reached
If proposals fail to resolve the deadlock, court proceedings should be considered. The court will appoint a notary to value the property and prepare a statement of accounts for the settlement. If no agreement is reached, that notary will arrange a forced sale at public auction so that the proceeds can be divided. Alternatively, the notary will refer the matter to the appropriate court for a decision.
💡 Practical tip: Before deciding, do the calculations. Compare how much you would receive after an amicable settlement with what would remain after court proceedings.
Ending co-ownership following an inheritance in Belgium
An estate may include homes, bank accounts, investments, furniture and debts. Below, we explain the most common situations.
Accepting an inheritance and dividing it are different steps
Accepting an inheritance does not automatically give each heir a particular home. The division determines which assets or amounts each person receives. Similarly, filing an inheritance tax return does not replace the division of the estate: they are separate steps. If there may be debts that are not yet known, consider acceptance under benefit of inventory or renunciation.
💡 Practical tip: Before accepting an inheritance and disposing of inherited assets, contact us. We can help you obtain information about the deceased’s debts, loans and guarantees to assess the best approach.
A sibling refuses to sell or sign
An heir’s refusal can prevent an agreed sale. However, it does not, by itself, remove the others’ right to request the division of the estate. The first step is to suggest alternatives. These may include selling, allowing one heir to buy the property or creating separate groups of assets. If no agreement is reached and the legal requirements are met, a court-ordered division can be requested. The appointed independent notary can then address the disagreement through the settlement of accounts and division of the estate.
An heir wants to keep the property
It is possible to negotiate the allocation of the property and calculate the corresponding compensation. This requires establishing its value, each person’s inheritance rights and any outstanding accounts. If there is no agreement, check whether a right to preferential allocation or acquisition applies. Living in the house does not automatically give someone that right. The Belgian Civil Code contains specific rules for certain small estates and agricultural holdings, but their conditions must be checked.
An heir occupies the home or collects the rent
If an heir has exclusive use of an inherited home, they may have to pay compensation for occupation, known as an indemnité d’occupation. This compensates the others for being deprived of their right to use the property. The compensation should be claimed from the date exclusive occupation began. However, any rights or agreements allowing that occupation must be checked. For example, a usufruct or an agreement concerning the property may allow someone to live there free of charge.
The calculation usually starts with the rent the home could earn, taking its condition and characteristics into account. This can involve comparing similar homes in the same area or obtaining an independent expert valuation. An architect, surveyor or estate agency may carry out that assessment. The compensation will later be included in the division of the estate. If the home is rented to third parties, whoever collects and manages the rent must account for the income received.
💡 Practical tip: If an heir remains in the home, record the occupation arrangements in writing: duration, expenses and any compensation (indemnité d’occupation). If the disagreement continues, contact us so that action can be taken promptly.
An estate with several assets and debts
Where there are several assets, it may be possible to create groups of assets of equivalent value. Some heirs could receive property and others money, with balancing payments where necessary. The division must respect each person’s inheritance rights. However, this does not mean everyone must receive a share of every property. Before dividing the estate, check whether it contains debts. Earlier gifts, loans between relatives and any obligations to return money or property may also be relevant.
The surviving spouse holds the usufruct
If the surviving spouse retains the usufruct of the family home and its furniture, their right to use and enjoy them receives special legal protection. In this situation, even if the children share the bare ownership, the usufructuary’s express consent is required. Without it, the property cannot be sold and the end of co-ownership cannot be forced. Belgian law provides for conversion of the usufruct (conversion de l’usufruit). Both the bare owners and the surviving spouse can request this, except where the family home is expressly protected against such a measure. The usufruct is valued and converted into a cash payment, full ownership of some assets or a lifetime annuity. This allows the right to use the property to be dealt with and facilitates the division.
An heir does not respond or dies during the process
An heir’s silence does not amount to implied renunciation or authorise the others to sign or decide on their behalf. If someone does not respond or dies during the process, the case is not permanently blocked. In the event of death, their own heirs must be identified and what becomes a “chain of successions” must be coordinated.
Ending co-ownership after divorce, separation or sharing a home
The breakdown of a relationship does not resolve ownership of the property or remove responsibility for debts owed to the bank. To settle the assets and end co-ownership in Belgium, the home’s legal and financial position must be examined.
Marriage and settlement of the matrimonial property regime
The first step is to review the matrimonial property regime. This establishes whether the home belongs to the common estate, is owned by both spouses in undivided shares or belongs exclusively to one. Debts, mortgage loans and compensation between spouses must then be examined, as they may affect the final division.
During divorce proceedings in Belgium, a spouse can request preferential allocation of the family home. However, this is not guaranteed. The court will consider the family’s interests and the applicant’s financial capacity. If there are connections with other countries, consult our guide to international divorce in Belgium.
Unmarried couples (legal cohabitation and informal cohabitation)
For unmarried couples, living together does not establish property rights. It is therefore essential to review the title deeds and any property agreements they have signed. If the property belongs to one person, living there does not give the other a share of ownership. However, financial contributions could provide grounds for a claim for repayment.
In Belgium, living together as a couple and being legal cohabitants are different situations. Legal cohabitation requires a declaration to be filed with the municipality. Where a couple lives together without marrying or filing that declaration, this is informal cohabitation. Since 17 January 2026, legal cohabitants have been able to request preferential allocation in certain situations. This possibility was introduced by the Law of 11 December 2025. In simple terms, one partner can ask to receive the home in return for paying the appropriate compensation. However, the family home must belong exclusively to the two cohabitants. This preferential allocation does not extend to couples who are only informal cohabitants.
Unequal contributions and family assistance
Paying a larger share of the initial contribution does not change the ownership percentage recorded in the deed. The difference gives rise to a right to reimbursement or a claim for repayment. Similarly, if the couple received money from parents, it must be established whether this was a gift or a loan. The recipient and the conditions of the payment must also be identified. Bank transfer records are useful, but agreements, emails or messages can provide additional evidence.
Children and the right to occupy the home
Children, especially minors, influence temporary measures and decisions about who may use the home. However, they do not change their parents’ ownership shares. If one spouse occupies the property alone, existing court decisions or agreements must be reviewed. This helps organise payment of household expenses and determine whether compensation for occupation is due.
💡 Practical tip: Before deciding who will stay in the home, or before either person moves out, put an agreement in writing. Record who will pay the mortgage instalments, taxes and utility bills. Also specify whether exclusive use will give rise to compensation payable to the other person. Keep all bank statements showing who has made each payment since the separation.
Properties bought with family members or other people
A joint purchase can serve different purposes, such as providing a home, earning a return or owning a second residence. If disagreements arise when ending co-ownership in Belgium, the possible solutions must be examined individually.
Second homes and arrangements for their use
Disagreements over holiday homes often concern holiday schedules, maintenance costs or when the property is available. While one co-owner’s departure is being formalised, a temporary agreement can regulate its use and prevent further tension.
Properties rented to third parties
If the property is rented, an owner’s departure requires a review of the tenancy agreements, deposits and allocation of rental income and expenses. Any reorganisation between owners must respect the tenant’s rights.
Properties owned by a company
If a company owns the property, its shareholders are not direct co-owners of that property. Their departure therefore involves company law mechanisms rather than the usual process for ending co-ownership. These may include selling shares, arranging a shareholder’s departure through a capital reduction, or dissolving and liquidating the company. These options require a detailed review of the articles of association and shareholders’ agreements. They also have specific tax consequences (on company capital gains or dividend distributions), which differ from those affecting co-ownership between individuals.
💡 Practical tip: Check the land registry extract to establish exactly who owns the property. Holding shares in a company does not mean directly owning an undivided share of its assets. The mechanism for leaving the arrangement is therefore different.
What to do if the other owner blocks the sale
Sometimes another owner obstructs an agreement or the sale of the home. They may refuse to sell, demand a price well above market value or prevent viewings. There are several options for ending co-ownership in Belgium in this situation. First, it is advisable to send a formal written proposal. This should set out a proposed sale and allow a reasonable time for a response. If the other person prevents a valuer from entering the home or blocks access, court measures should be considered. Belgian law allows a judge to assess whether the refusal is abusive. In other words, whether the owner is blocking matters in bad faith and abusing their rights.
💡 Practical tip: Always include a “Plan A” and a “Plan B” in your proposal. For example, first offer to buy their share and show that you have the necessary financing. If they reject this, propose selling to a third party, with a timetable and one or more estate agencies.
How to value the property and calculate compensation
When negotiating an agreement to end co-ownership in Belgium, establish the home’s value and how much each owner should receive. If everyone starts from a different figure, progress will be difficult. An independent expert valuation provides a common basis for negotiation. Our firm always recommends consulting an independent professional, such as an architect or estate agent. This can also help identify planning issues that may affect the price.
How to calculate each owner’s entitlement
Once the home’s value has been established, calculate what each owner should receive according to their ownership percentage. Next, review debts relating to the property and amounts owed between owners. These may include the mortgage, shared expenses or sums one owner has paid on behalf of the others.
| What to check | Document to consult | What it establishes |
|---|---|---|
| The home’s value | Valuation report | A basis for calculating compensation. |
| Each owner’s percentage | Title deed and inheritance documents, including the will where applicable | The share belonging to each person. |
| Outstanding mortgage | Updated bank statement or certificate | How much remains to be paid and the conditions for repaying or changing the loan. |
| Contributions and building works | Transfers, invoices and agreements | Who paid and whether they are entitled to recover any amount. |
| Rent and occupation of the home | Contracts, bank statements and agreements | Which income must be distributed and whether compensation is due for exclusive use. |
| Transaction costs | Estimates from the notary and bank, together with tax calculations | The cost of leaving and its effect on what each person receives. |
Every amount must be supported by evidence. Personal debts must also be separated from shared obligations.
💡 Practical tip. Request a breakdown showing the home’s value and outstanding debts. This will make it easier to reach an agreement or assist the court and notary.
How to end co-ownership by agreement
Reaching an agreement allows you to decide how to stop sharing the property. The first step is to review the title deed and confirm each owner’s rights. Next, establish the property’s value and debts. This information makes it easier to negotiate a solution. If one owner needs a loan to buy the others’ shares, they should speak to the bank beforehand. You must also agree on what happens if financing is refused. In addition to the price, clarify the matters that could cause disagreements during the process:
- Payment: how much each person will receive, when and how.
- Costs: who will pay the taxes, notary fees and bank charges.
- The mortgage: how it will be repaid or the bank’s conditions for allowing one owner to continue with the loan.
- Use of the home: who can occupy it until completion and which expenses they must cover.
- Handover: when the property will be vacated and the keys handed over.
- Utilities: who will pay the final bills and when the contracts will be transferred to another name.
If anything remains unresolved, set a deadline and propose alternatives. For example, agree to sell together if the person wishing to keep the home cannot obtain financing within the agreed period. Once an agreement is reached, the transaction must be formalised before a notary and the relevant registration formalities completed.
How to end co-ownership through the courts in Belgium
If no agreement can be reached, you can ask the court to intervene. The claim is brought before the appropriate family court. First, check which court has territorial jurisdiction, particularly if the case involves connections with other countries. The claim must identify the parties concerned and the assets held in undivided ownership. It is usually formally served on the other parties by a bailiff, or huissier de justice.
Appointment of the notary handling the settlement
Where settlement or division is required, the court appoints an independent notary to manage the process. Their work involves gathering information and documents and reviewing the accounts, meaning the financial aspects. This may require an inventory, a property valuation or checks on who paid particular expenses. The notary must act impartially. Each party’s lawyer defends their rights and submits the evidence needed to support their claims. Agreements can still be reached after proceedings have started.
Reviewing the accounts and resolving disagreements
Each party must submit their claims and supporting documents within the deadlines. The notary’s proposal is then reviewed. It sets out the accounts and the distribution proposed by each party. Anyone who disagrees must explain what they consider incorrect, why, and which documents support their position. When amounts are disputed, specify the sum claimed and how it was calculated. Objections to the notary must also be submitted within the applicable deadline. If the disagreement continues, the notary refers the matter to the court, which decides the outstanding issues.
When debts remain but there are no shared assets
A separation or inheritance can leave debts even when no property is jointly owned. In these cases, the debts must be examined and the final balance established. This is known as liquidation. The reform of 18 June 2025 allows judicial liquidation proceedings even where there is no shared property. However, this does not apply generally to every debt between individuals. If the dispute concerns a separate debt, consult our guide to debt recovery in Belgium.
💡 Practical tip: In addition to invoices and transfers, keep messages or agreements explaining why the money was paid. They can help distinguish a loan, a repayable contribution and a gift.
Documents needed and mistakes to avoid
Before negotiating an end to co-ownership in Belgium, establish who owns the property and which expenses each person has paid. Gathering the necessary documents helps identify amounts that can be claimed, including payments made on behalf of other co-owners. Not every document on the list will be needed. This depends on whether the situation arises from a purchase, inheritance, separation or another circumstance.
| Document | Purpose |
|---|---|
| Title deed | Check each owner’s percentage and any conditions concerning use of the property or ending co-ownership. |
| Inheritance documents, including the will if there is one | Identify the heirs and the rights each received. |
| Marriage contract, separation agreements and court decisions | Understand how the couple’s or spouses’ assets were organised. |
| Loan agreement | Establish how much remains to be paid on the mortgage. |
| Transfers, invoices and proof of payment | Show who paid the initial contribution, loan instalments, renovations or maintenance expenses. |
| Valuation and property documents | Assess the property’s value, condition, floor area, permits and possible restrictions on ending co-ownership. |
| Tenancy agreement, bank statements and expenses | Review the rental terms and calculate income and expenditure. |
| Emails, messages and proposals | Check agreements concerning the division and identify unresolved matters. |
Mistakes that can complicate the division
Below, we explain the most common mistakes to avoid when negotiating the division of a jointly owned property in Belgium.
Confusing financial contributions with ownership percentages
This is one of the most common misunderstandings. Many co-owners believe that paying for renovations or contributing more to the purchase increases their ownership percentage. That extra money does not change their share, but creates a claim for repayment. During the settlement, these amounts must be included in the comptes de l’indivision, or co-ownership accounts. The amount must be added to the relevant owner’s entitlement and deducted from the other owner’s share. This happens before the sale proceeds are distributed or the compensation is calculated.
💡 Explanation: If you bought the property equally, you each remain a 50% owner until a notarial deed provides otherwise.
Agreeing on an exit price without deducting the mortgage debt
Sometimes one owner offers to buy the other’s share based solely on the home’s current market value. Generally, market value is not the amount available for distribution. The outstanding mortgage balance and any bank charges for early repayment must be deducted from the valuation. In Belgium, these charges are known as a reinvestment fee or indemnité de remploi.
💡 How to address this: Request a mortgage balance statement to calculate the net value (valeur nette). Also contact the bank for a document formally releasing you from the mortgage loan (désolidarisation). Otherwise, all owners remain liable.
Ignoring compensation for occupation (indemnité d’occupation)
After a separation or the start of an inheritance dispute, one co-owner often stays in the home while the situation is resolved. Meanwhile, the other must pay rent elsewhere.
💡 Under Belgian case law, someone who has exclusive use of an undivided property must compensate the others. This compensation (indemnité d’occupation) usually equals half the property’s market rent if there are two owners with equal shares. It must be calculated and deducted in the final accounts. You must also establish who pays the Belgian property tax (précompte immobilier) and insurance during that period.
Signing the final agreement (“quitus”) without checking the accounts
Belgian notarial deeds of partition often include a discharge clause, known as quitus or quitte et libéré. The parties declare that everything has been settled and waive future claims. If you later discover that an invoice was omitted, signing the agreement may make a further claim difficult or impossible.
💡 How to address this: Never sign the settlement agreement without reviewing the draft division statement (état liquidatif) prepared by the notary or lawyers. First, list all transfers, invoices, taxes and bank instalments paid. Then check that every item has been included in the draft.
💡 Practical tip for Belgium: Ending co-ownership through one owner buying the other’s share is subject to a specific tax, called droit de partage or verdeelrecht. The rate depends on the region—Brussels, Wallonia or Flanders—and can range from 1% to 2.5%. Include it when calculating the transaction costs. If one co-owner takes full ownership of the home, partition tax is calculated on the property’s total value. If several co-owners remain, the tax is calculated on the value of the share transferred.
Relying on a private agreement (sous seing privé)
To save notary fees or simply because they trust each other, co-owners sometimes write their own agreement. They agree that one person will keep the home and make future payments, then consider the matter settled. A private agreement binds only the two parties and has no effect against the bank or the Belgian State.
💡 In Belgium, every transfer of real estate must be formalised through a notarial deed (acte authentique). Until then, the tax authorities and bank still consider you 50% owners and mortgage borrowers, unless a different agreement applies. This carries risks if the other person stops paying.
Situations requiring particular attention
Minors and protected persons in an inheritance
If an owner or heir is a minor or needs legal protection, the whole family agreeing to sell is not enough. The law requires additional steps and judicial authorisations to ensure that the person’s interests are protected. Raise this issue from the outset so the necessary documents can be prepared and the sale is not blocked later.
Inheritances subject to special rules (“small estates”)
Belgium has rules designed to protect families inheriting “modest” properties (the legal criterion is the revenu cadastral, or cadastral income. This is not the same as market value or the cadastral value used in Spain). The property must meet specific technical requirements set by the government, particularly having a low cadastral income. If the estate falls into this category, the law provides certain advantages. For example, it may allow a forced sale to be stopped and the house to remain jointly owned temporarily. It may also give certain close relatives a “preferential right” (droit de reprise) to acquire the home before a third party.
When properties or heirs are in different countries
If the home is in Belgium and an owner lives abroad, check which law applies and which courts have jurisdiction. In co-ownership matters, the property’s location is decisive. This is where international law comes into play.
💡 For example, if two friends bought a house in Belgium, ending their co-ownership is governed, in principle, by Belgian law. If they need court proceedings to end that arrangement, the Belgian courts will have jurisdiction, even if both owners live abroad.
However, different rules may apply when the home forms part of an estate that has not yet been divided. Generally, the succession is governed by the law of the country where the deceased habitually lived. The law of their nationality may also apply if they chose it to govern their succession.
A home in Belgium can therefore form part of an estate division governed by foreign law. The courts with jurisdiction may also be in another country.
The European Certificate of Succession can be used to prove inheritance rights in another participating country. It simplifies the process, but its use is optional and it does not replace all the necessary documents. If there is a foreign judgment, check the rules on recognition and enforcement of foreign judgments in Belgium. If the estate includes assets in Spain, also consult our guide to how succession works in Spain.
Statistics on housing and family wealth in Belgium
Statistics help explain the context of family assets, but do not show how many families have a property caught in a deadlock. Statbel recorded 19,883 divorces in Belgium in 2024. It also recorded 112,923 deaths in 2025, compared with 112,029 in 2024. Death figures provide context for the transfer of wealth. They do not correspond to the number of inheritances or estates held in undivided ownership. Meanwhile, property prices show significant regional differences. This table gives median prices for the first half of 2026.
| Area | Terraced or semi-detached houses | Apartments |
|---|---|---|
| Belgium | €285,000 | €257,000 |
| Brussels-Capital | €550,000 | €275,000 |
| Flanders | €325,000 | €268,000 |
| Wallonia | €195,000 | €195,000 |
Source: Statbel, property prices for the first half of 2026, published on 22 September 2026. These figures suggest a practical point: the property’s condition, location and legal situation remain decisive.
💡 Statistics provide a general reference point. To negotiate compensation when ending co-ownership, request a valuation or expert report specifying the floor area, condition, construction date and location.
Practical examples of ending co-ownership
The following examples help explain how to end co-ownership in Belgium. They are presented from the firm’s perspective, using fictional names to explain our involvement, the steps taken and the solutions reached.
Three siblings inherit a house and one wants to keep it
Ana, Bruno and Clara inherited equal shares of a house valued at €300,000. Bruno wanted to keep the family home, while his sisters preferred to sell and receive the money corresponding to their shares. Meanwhile, maintenance costs continued to accumulate. Ana and Clara consulted us to resolve the deadlock. We reviewed the inheritance documents and proposed an independent property valuation, which all three accepted. We then negotiated compensation of €100,000 for each sister, together with the allocation of the relevant expenses. Then, we also set a deadline for Bruno to obtain financing. Finally, we coordinated the formalities with the notary. Bruno kept the house and his sisters received the agreed amounts, leaving everyone satisfied.
💡 Tip: If an heir wants to keep the home, check whether they have sufficient funds or whether the bank will finance the purchase. They need to be able to pay the other heirs.
An estate with two properties and money
Two brothers inherited a house worth €300,000, an apartment worth €200,000 and €100,000 in cash. Both had equal rights. One wanted to move into the family home. The other preferred a smaller property while keeping some money available. We reviewed the bank accounts and any potential debts. We proposed dividing the estate into two groups of assets of equal value:
| Heir | Assets allocated | Total value |
|---|---|---|
| First brother | Family home | €300,000 |
| Second brother | Apartment and €100,000 | €300,000 |
Both accepted the proposal. After establishing the costs and checking the documents, the notary formalised the division. Each brother received assets equal to the value of his share, in line with their preferences and agreement.
💡 Practical tip: Before selling inherited assets, check whether they can be distributed according to each heir’s needs, so that everyone is satisfied.
A former couple with an outstanding mortgage
Rachel and Jean owned a home valued at €360,000. After their separation, €160,000 of mortgage capital remained outstanding. Rachel wanted to keep the house. Jean agreed to transfer his share in return for financial compensation and release from the loan. When they consulted us, they had discussed the price but had not yet received a final answer from the bank. We reviewed the title deed, loan and payments. In this case, they were equally responsible for the debt and owed no outstanding amounts to each other.
| Simplified calculation | Amount |
|---|---|
| Agreed value of the home | €360,000 |
| Outstanding mortgage capital | −€160,000 |
| Net value before costs and adjustments | €200,000 |
| Each person’s net share: 50% | €100,000 |
On that basis, we negotiated the compensation and made the end of co-ownership conditional on Rachel obtaining financing. The bank agreed that Rachel would take over the loan and formally released Jean. The property transfer and agreed payment were then completed. Taxes, notary fees and bank charges were calculated separately.
💡 Practical tip: Transferring your share of a home does not automatically release you from the mortgage loan. Your release must be arranged with the bank.
A purchase in equal shares with unequal initial contributions
Catherine and John bought a home, but Catherine contributed an additional €40,000. When they separated, they agreed to sell but did not know how to divide the money. John argued for an equal split. Catherine felt that this ignored the additional money she had contributed at the outset. She asked us to review her position before accepting the agreement. We examined the title deed and the transfers made during the purchase.
Afterwards, we reviewed what each person had paid and proposed the exact amount owed to Catherine. We also recorded how that money would be repaid after the sale in an agreement between the parties, providing for four instalments. Finally, the sale went ahead without changing their respective ownership percentages, and John paid the amount due in four instalments.
Two investors share a rented apartment
Two friends bought an apartment in equal shares to rent out. One handled the day-to-day work, including collecting rent and arranging repairs, while the other helped with administration. The second investor eventually needed to recover his investment to start a new project. However, he did not know how much rental income had accumulated or what expenses had been paid. He approached us to clarify the position and arrange a fair departure.
We first put the accounts in order. We reviewed the tenancy agreement, bank transactions and supporting documents for expenses and maintenance. Using that information, we prepared a detailed report separating income, costs and amounts still to be distributed. The investors decided they would rather not sell the property to a third party, so they negotiated a buyout of the other half.
💡 Practical tip. When negotiating your departure, review both the property’s value and the rental income. These are separate matters that must both be settled.
An heir lives in Spain
Elena lives in Madrid and inherited a share of a home in Belgium. She sent several proposals to the other heirs about dividing the property, but their lack of response brought the matter to a standstill. The distance made obtaining documents and checking the house’s condition difficult. She was also concerned that maintenance costs continued to accumulate.
The deceased had habitually lived in Belgium and had not chosen another country’s law in the will, so Belgian law applied. We first verified Elena’s rights, confirmed the applicable law and established which courts had jurisdiction. As the deadlock continued, we brought a claim before the competent Belgian court. The judge appointed a notary to handle the settlement, and we submitted all the documents needed to support Elena’s claims. The home was eventually sold to a third party, and we ensured that Elena received her share. This case shows how court proceedings can resolve a deadlock.
💡 Practical tip: If you live abroad and face a blocked inheritance, gather all the inheritance documents. Contact us to find out which steps can be handled through representation or a notarised power of attorney, avoiding unnecessary travel.
If family assistance financed a Spanish home, consult our guide to gifts from Belgium to buy a home in Spain and get expert support from our Spanish legal team in Belgium.
Resolve your co-ownership deadlock in Belgium with our help
Leaving a shared property requires experienced professionals to guide you, prepare detailed accounts and choose the best approach. If you need to end co-ownership in Belgium, Arthur & Marin understands the importance of preparing your case and presenting a well-documented proposal. This is the first step towards facilitating negotiations or going to court.
To protect your interests, our specialized lawyers examine the title deed, inheritance documents and any previous agreements. We also review financial contributions and check for debts or outstanding payments. Based on that review, we assess the most effective options for your case. These may include selling to a third party, allocating the property to one owner or starting court proceedings. If there is a dispute, we prepare the necessary documents and support you throughout negotiations and proceedings before the notary or court.
Contact us through the form, by email at info@arthurmarin.com or by telephone on +32 465 345 345. We will provide detailed advice based on your circumstances.
💡 We adapt our services to your case’s needs and your preferences.
Frequently asked questions (FAQ) about co-ownership in Belgium
Can I start the process if I own a minority share?
Yes. You can seek advice and explore your options even if you own a minority share. The appropriate action depends on how the co-ownership arose and its conditions.
Does everyone need to sign before I can consult a lawyer?
No. You can consult a lawyer individually and instruct them to defend your rights. The signatures required for an agreement or an agreed sale are a separate matter.
Can an heir block the division indefinitely?
No. Everyone has the right to end co-ownership. One party’s opposition does not remove the right to request a division. However, existing agreements, legal protections and procedural requirements must be respected.
Can I sell only my share?
In principle, yes, but restrictions and agreements must be reviewed. For inherited property, the rights and percentages being transferred must also be checked.
Can the other owner be forced to buy a share of the property?
Wanting to end co-ownership does not oblige the other owner to buy your share. Without an agreement, another solution must be considered, such as a sale to a third party or a public auction. A decision from the notary or court may also be needed.
Do I lose my share if I move out?
Moving out does not, by itself, transfer ownership. However, you should document your departure and record expenses and outstanding debts.
Can negotiations continue after a court claim has been filed?
Yes. A full or partial agreement can be reached during the proceedings. It must be formalised and coordinated with the steps already taken.
Does giving up ownership release me from the mortgage?
Not automatically. You must check with the bank that you are released from the mortgage loan.
