Yes, but a jointly owned property (an indivision) can only be sold with the consent of all the co-owners, since each holds a share and none can sell the whole alone. In practice every co-owner signs the mandate, the compromis and the deed. Where owners disagree, a notary or, ultimately, a court can resolve the deadlock.
Joint ownership, or indivision, is common: it arises between partners, between heirs after a death, or between people who bought together. The governing principle in Wallonia is simple to state and important to respect: no one co-owner can dispose of the whole property on their own. Each owns an undivided share, and selling the property requires everyone to agree.
That principle runs through the entire sale. All co-owners normally sign the sales mandate that instructs the agency, all sign the preliminary sale agreement (compromis), and all sign the notarial deed at completion. If one co-owner is abroad or unavailable, a power of attorney can let someone sign on their behalf, but the underlying consent still has to be genuine. Where the co-owners include a company rather than only natural persons, the company’s own signing rules and its authorised representative come into play, which is worth checking early.
The counter-intuitive difficulty is that indivision cannot be forced to continue. Belgian law holds that no one is obliged to remain in indivision, so a co-owner who wants out has routes to force a sale even against reluctant others, through the notary and, if needed, the court. That safety valve prevents a single holdout from trapping everyone indefinitely, though the friendly route is always faster and cheaper.
Easyhome regularly handles sales involving several owners and heirs, keeping the paperwork and the signatures aligned so the process stays clean.
At a glance
- Rule: all co-owners must consent to sell the whole property.
- Signatures: every owner signs the mandate, compromis and deed.
- Absent owner: a power of attorney can allow signing on their behalf.
- Company co-owner: its own signing rules and representative apply.
- Deadlock: no one must stay in indivision; a notary or court can resolve it.
- Easiest path: agreement between owners, which Easyhome helps coordinate.