After a death the heirs jointly own the property in indivision. An amicable sale needs the agreement of all co-heirs plus the acte d’hérédité immobilier registering their ownership. If one heir blocks it, the others can ask a court to order the sale (Notaire.be, 2026).
When a parent dies, the family home usually passes to several heirs at once. They become co-owners in indivision, meaning each holds an abstract share of the whole rather than a specific room or floor. That structure has one dominant consequence for a sale: because a private sale transfers the entire property, every co-heir must consent and sign. A single dissenting signature stops an amicable sale in its tracks.
Two documents unlock the transaction. First, an acte d’hérédité (deed of inheritance) establishes who the heirs are. Second, since 2022 a specific acte d’hérédité immobilier must register the transfer of the real estate to those heirs before it can be sold on; registration is free when done within six months of the death, after which normal fees apply (Notaire.be, 2026). Only once ownership is properly recorded can the notary prepare the preliminary agreement and the final deed.
Belgian law refuses to trap heirs in a co-ownership they no longer want. The guiding rule is that nobody is obliged to remain in indivision, so a co-heir who wants out always has a route. Where co-heirs representing at least two-thirds of the rights want to exit, they can launch a dissolution procedure without requiring unanimity, and where dialogue collapses entirely a court can order a judicial sale by licitation (Notaire.be, 2026). The counter-intuitive part for many families: the reluctant heir cannot simply veto forever, but a forced auction almost always sells for less than a patient private sale, so cooperation is in everyone’s financial interest.
If instead of selling to an outsider one heir buys out the others, the partition is taxed differently: Wallonia applies a partition duty of 1% on the value, against 2.5% in Flanders (Notaire.be, 2026). Framing the choice early, sell to a third party versus internal buy-out, avoids surprises at the notary’s desk.
At a glance
| Situation | Requirement | Outcome |
|---|---|---|
| All heirs agree | Unanimous signatures + acte d’hérédité immobilier | Amicable private sale |
| Two-thirds want to sell | Dissolution procedure | Sale can proceed without full unanimity |
| One heir buys the others | Partition, 1% duty in Wallonia | One owner keeps the property |
| Total deadlock | Court application | Judicial sale by licitation (auction) |