Selling a House During a Divorce: What is Allowed and What Isn't?

When a marriage or legal cohabitation ends in Belgium, the family home is often the most significant shared asset. Selling a property while the divorce proceedings are still ongoing is legally possible, but it requires strict adherence to Belgian civil law. Regardless of whether you are married under the community of property regime or separation of property, certain protections remain in place until the divorce is finalized.

In Flanders, Wallonia, and Brussels, the 'family home' enjoys special legal protection under Article 215 of the Civil Code. This means that one spouse cannot sell, mortgage, or dispose of the main residence without the explicit, written consent of the other. Even if the house is only in one person's name, the protection of the family home remains a priority to ensure both parties have a roof over their heads during the transition.

The smoothest path remains a sale by mutual agreement (EOT), where both partners agree on the asking price and the timing of the sale. In this scenario, the proceeds are usually held by the notary until the final liquidation and distribution of the estate. This ensures that all debts and mortgages are cleared before the remaining balance is divided according to the matrimonial regime.

If one party refuses to sell, the other can turn to the court to request a 'licitation' or forced sale. This is often a lengthy and emotionally draining process that can take months or even years. To avoid such long legal battles, many owners look for a discreet and fast solution that allows both parties to move forward without the stress of public viewings or long-term uncertainty.

The way the sale proceeds are divided depends on your marriage contract. In many Belgian households without a specific contract, the 'legal regime' applies, meaning assets acquired during the marriage are shared. If the property was owned before the marriage or inherited, the situation becomes more complex, often requiring 'reimbursement' calculations for investments made with shared funds.

In cases of urgent financial pressure or the need to settle quickly, companies like Pandpartners.be can offer a direct purchase solution. This avoids the traditional real estate market's delays, providing a fixed price and a guaranteed closing date, which can be an essential tool for reaching a settlement between disagreeing parties.

One must not forget the fiscal implications of selling and 'buying out' a partner. In Flanders, for instance, the 'miserie-tax' (distribution duty) has been significantly reduced to 1% in most cases of divorce, while Wallonia and Brussels maintain different rates. These costs must be factored into the final calculation of what each party will receive from the sale.

Before signing any commitment, it is vital to consult with your notary to understand the specific regional rules that apply to your situation. Clear communication and a professional valuation are the best ways to ensure a fair outcome for both parties during this difficult period of transition.