Yes. Nothing requires you to wait for the divorce to be final. As long as both co-owners agree and sign, a jointly owned home can be marketed and sold during the proceedings, with the proceeds held or split as the settlement provides.
A common misconception is that the home is frozen until a judge pronounces the divorce. It is not. Because the property is owned in indivision, the only strict requirement for a private sale is the consent of both co-owners. Two people who agree to sell can do so at any point, before, during or after the divorce is finalised. Selling early is often the sensible choice, because it stops mortgage payments, charges and maintenance from draining a shared budget while the legal process runs.
The route depends on how you are divorcing. In a divorce by mutual consent, the property arrangements are set out in the prior settlement agreement (convention préalable) prepared with a notary, and the sale can be organised as part of that framework. In a contested divorce the couple can still agree to sell voluntarily; where they cannot, the property is dealt with in the liquidation of the matrimonial regime once the divorce is pronounced, and a court can ultimately order a sale by licitation. The surprising practical point is that agreeing to sell early is usually cheaper and faster than letting the property become a bargaining chip in a contested split.
Two safeguards matter while a sale runs during proceedings. First, both signatures are non-negotiable: an agent cannot bind one spouse without the other. Second, the net proceeds are typically placed with the notary or held pending the final division, so neither party can spend the other’s share prematurely. On the tax side, selling the family home carries no 16.5% capital-gains charge, since a main residence is exempt (Notaire.be, 2026), so an early sale does not create a tax penalty.
Handled well, an early sale converts a contested asset into cash that both households need, and it removes the single biggest source of ongoing friction between separating partners.
At a glance
| Question | Answer |
|---|---|
| Can you sell before the judgment? | Yes, with both co-owners’ consent |
| Whose signature is needed? | Both, the home is held in indivision |
| Mutual-consent divorce | Handled via the prior settlement agreement |
| Contested divorce | Sell by agreement, or by licitation if blocked |
| Where do the proceeds go? | Usually held by the notary pending division |
| Capital-gains tax on the family home | None, main residence is exempt (Notaire.be, 2026) |