Multiple heirs own the property in indivision, so an amicable sale needs everyone’s consent and the acte d’hérédité immobilier. If heirs disagree, one can buy out the others, or a court can order a sale, because no one must stay in indivision (Notaire.be, 2026).
Inheritances routinely create several owners at once: siblings, or a surviving parent alongside children. They hold the property in indivision, each owning an undivided share of the whole rather than a defined part. This shared ownership is the source of both the simplicity and the friction of inherited property. It is simple because the rules are clear; it becomes difficult only when the co-owners want different things.
Two conditions govern a sale. First, the transfer of the property to the heirs must be registered through the acte d’hérédité immobilier, mandatory since 2022 and free to register within six months of the death (Notaire.be, 2026). Second, because a private sale disposes of the entire property, all co-owners must sign. Where a surviving parent holds a usufruct and the children the bare ownership, all of them must agree to sell the full ownership, and the price is then split according to the usufruct’s value based on the survivor’s age.
When the heirs disagree, the law provides a graduated set of solutions rather than a stalemate. One heir can buy out the others’ shares, a partition taxed at 1% in Wallonia (Notaire.be, 2026). Heirs representing at least two-thirds of the rights can launch a procedure to dissolve the indivision even without full unanimity. And as a last resort, any heir can ask the court to order a public sale by licitation, since Belgian law guarantees that nobody can be forced to remain in indivision (Notaire.be, 2026). The counter-intuitive comfort here is that even a single stubborn co-owner cannot trap the others forever.
The practical key with several owners is a shared, credible valuation. Most disputes between heirs are really disagreements about the number, so an independent estimate that everyone can trust often converts a deadlock into a signed sale.
At a glance
| Scenario | What is needed | Route |
|---|---|---|
| All heirs agree | Signatures + acte d’hérédité immobilier | Amicable private sale |
| Parent usufruct, children bare owners | All sign; price split by usufruct value | Full-ownership sale |
| One heir wants to keep it | Buy-out, 1% partition duty (Notaire.be, 2026) | Internal partition |
| Two-thirds want out | Dissolution procedure | Proceed without full unanimity |
| Total deadlock | Court application | Sale by licitation |