You are never trapped. Belgian law says no one must stay in indivision, so you can propose a buy-out, and if that fails, ask the court to order a judicial sale by licitation. A co-heir can block an amicable sale but cannot block the exit itself (Notaire.be, 2026).
Inherited property often lands several people in forced co-ownership, and their plans rarely align. One heir wants cash, another wants to keep the house, a third simply will not engage. Because a private sale transfers the whole property, it needs every co-heir’s signature, so a single refusal stops an amicable sale. The reassuring part is that the refusal only blocks the amicable route, not your right to leave the indivision.
The first, cheapest solution is negotiation. The heir who wants to keep the property can buy out the others’ shares at an agreed value, which keeps the home in the family and gives the sellers their money. This partition is taxed at the Walloon partition duty of 1% on the value, rather than the full purchase costs a stranger would pay (Notaire.be, 2026). A neutral, documented valuation is the key that unlocks this, because most disputes are really disagreements about the number.
When talking fails, the law provides an exit. The principle that nobody can be compelled to remain in indivision means any co-heir can apply to the court to dissolve the co-ownership. Where heirs representing at least two-thirds of the rights want out, a dissolution procedure can proceed, and ultimately a judge can order a public sale by licitation conducted by a notary, with the proceeds divided among the heirs (Notaire.be, 2026). The counter-intuitive lesson is that the obstinate heir has more to lose than to gain: a forced auction typically fetches less than a patient private sale, so their refusal usually shrinks everyone’s share, including their own.
Because litigation is slow and value-destroying, the smart sequence is clear: value the property independently, put a fair buy-out or amicable sale on the table, and keep the court route as leverage of last resort. An experienced agent often breaks the deadlock simply by giving every heir the same credible figure to react to.
At a glance
| Route | How it works | Cost or downside |
|---|---|---|
| Amicable sale | All heirs sign, sell to a buyer | Needs unanimous consent |
| Buy-out (partition) | One heir buys the others’ shares | 1% partition duty in Wallonia (Notaire.be, 2026) |
| Two-thirds dissolution | Majority triggers dissolution procedure | Requires court involvement |
| Judicial sale (licitation) | Court orders a public auction | Slower, usually lower price |