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Published on 18 October 20265 min read
Selling a house during a divorce: your options
The Immolytics editorial team
When a marriage or a cohabitation ends, the family home is usually the largest asset on the table. Three routes work: sell together to a third party, let one partner buy the other's share, or have the property allocated during the settlement. In every case the transfer happens before a notary, and only after agreements on the running mortgage and on how the proceeds are split. Here are the options side by side, with the practical steps and the points where things usually go wrong.
Sell, buy out or allocate: the three options
There are three starting points: sell together, take over the other's share, or let the home be allocated in the division. Selling together is the simplest route when neither partner wants to stay in the property.
In a sale to a third party you sell like any owner, but both owners sign the compromise and the deed. The proceeds first repay the mortgage; whatever is left goes to the parties according to their share or according to the agreements they made.
In a buy-out, the partner who stays buys the share of the other. That requires a price agreement and usually extra financing, because the share has to be paid on top of the existing loan. Whoever takes over should have borrowing capacity calculated before any figure is spoken out loud.
In an allocation, the home enters the division of assets and goes to one partner, with compensation for the other. That compensation can be settled in money or in other assets.
Which option is feasible depends on what each partner can actually pay, not only on what each one wants. Put the three routes side by side before signing anything.
What happens to the existing mortgage?
The bank stays bound by the existing loan until it agrees to a change. Releasing one of the two borrowers is never automatic: the bank checks whether the remaining borrower can carry the repayment alone.
Ask the bank early for an overview of the outstanding debt and of the conditions under which one borrower can step out of the loan. Without that overview you do not know which amount really becomes available in a sale or a buy-out.
On a sale, the loan is repaid with the proceeds in practice, and the notary arranges that settlement with the bank. If the proceeds are lower than the outstanding debt, the balance stays due under the terms of the loan.
This site only explains formulas, costs and borrowing capacity for a home loan. It does not sell credit and does not act as a credit intermediary; for a concrete decision you go to your own bank.
From compromise to deed: the practical steps
The sale runs like any other sale, with one difference: both owners sign, and the proceeds are paid out according to the agreements or the deed of division. Allow several months between the compromise and the deed.
The notary first checks who owns the property and whether mortgages or attachments rest on it. Then come the compromise, the suspensive conditions and the deed.
What to check per region:
- Energy certificate: in Wallonia a PEB certificate is required for the sale and the letting of a dwelling. The other regions have their own rules; check with the competent regional service.
- Renovation obligation: Flanders only can impose a renovation obligation when a poorly performing home is sold. In Brussels and in Wallonia that sale-triggered obligation does not exist. Brussels sets dated performance targets per dwelling, but those are not triggered by a sale.
- Taxes and costs: registration duty and fees depend on the region and on the file. Ask for the settlement in advance so nobody is surprised afterwards.
Put the agreements in writing as soon as they exist: who pays which invoice, who lives in the house until the deed, and how the proceeds are divided. That limits the discussion afterwards more than any calculation.
Setting a realistic price without an argument
Start from the official sale prices of comparable homes in your commune, not from what a neighbour asked or from an asking price in an advert. Statbel publishes those figures per commune, and the site sets them side by side.
You can for instance compare the median house price in Lommel with the one in Spa, or look at the relief price map to see how a commune behaves against its neighbours. That figure is a starting point for the buy-out price, not a sale price.
After the sale you may be looking for a new home yourself. The site gathers public sales per commune, from Wommelgem and Kontich to Halen, and per province such as West-Vlaanderen and Namen. Anyone bidding for the first time reads the guide on bidding on a house first.
When you cannot work it out together
If the conversation stalls, a notary or a mediator can work out a division; if that fails too, a judge decides on the division.
Lasting disagreement costs time and money. A third party who only looks at the figures often takes the emotion out of the room: the value of the home, the outstanding debt and the split of the proceeds are facts, not opinions.
For the sale itself, pick an agent who knows the neighbourhood, for example through the list of estate agents in Lede, rather than the first one you call. Ask about the method, how the price is built, and who does the viewings.
A separate route for whoever wants to stay: sell the house and keep living in it through a sale with a life annuity. It does not solve a divorce, but it can finance the buy-out or postpone a move.
Frequently asked questions
Can I sell the family home without my ex-partner's consent?
No. In an ordinary sale every owner must sign both the compromise and the deed, so a sale without agreement has to go through a division decided by a judge.
Is a valuation compulsory for the division?
A valuation is not compulsory in every situation, but it makes the buy-out price something you can discuss, and the bank uses it when assessing a new loan. Have the value determined by someone who knows the commune, and start from official sale prices rather than asking prices.
What happens to the loan once the house is sold?
The mortgage is repaid with the proceeds of the sale in practice, and the notary settles that with the bank. Whatever remains is divided between the parties; if the proceeds are too low, the balance stays due under the terms of the loan.
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