Agree the value, choose between selling to a buyer or one partner buying out the other, then both sign. Neither ex can be forced to stay in the co-ownership, so if talks fail a court can order the sale (Notaire.be, 2026). A buy-out is taxed at 1% partition duty in Wallonia.
Selling with a former partner, whether you were married, legally cohabiting or simply co-owners, comes down to the same legal frame: the property is held in indivision, and an amicable sale needs both signatures. Emotions aside, the mechanics are reassuringly clear, and the law is on the side of anyone who wants to move on, because no co-owner can be compelled to remain in indivision.
The first fork is sell or buy-out. If neither of you wants to keep the home, you sell to a third party and divide the net proceeds by your ownership shares after the mortgage is cleared. If one of you wants to stay, that person buys out the other’s share; in Wallonia this partition is taxed at 1%, well below full purchase costs (Notaire.be, 2026). A buy-out usually requires the remaining owner to refinance the mortgage into their sole name and to have the lender release the departing partner from the loan, which is a step people frequently forget: coming off the title does not automatically remove you from the mortgage.
Money and tax points shape the choice. Selling a former main residence is exempt from the 16.5% capital-gains tax (Notaire.be, 2026), so a clean sale rarely creates a tax bill. The property tax is apportioned between seller and buyer pro rata to the deed date, and any outstanding mortgage is repaid from the proceeds at the notary, with a mortgage-release cost. The counter-intuitive risk is emotional pricing: an ex who resents selling may push for an unrealistic figure, which only prolongs the shared cost and shrinks both shares.
When agreement is impossible, the exit still exists. Either party can ask the court to dissolve the indivision, and a judge can order a public sale by licitation run by a notary, with the proceeds split. It is slower and usually cheaper on price, which is why a neutral agent and an independent valuation, giving both exes the same number, are the fastest route to a fair result.
At a glance
- The home is held in indivision; an amicable sale needs both signatures.
- No co-owner can be forced to stay in indivision (Notaire.be, 2026).
- Option A: sell to a buyer, split net proceeds by ownership shares.
- Option B: one partner buys out the other, taxed at 1% partition duty in Wallonia.
- A buy-out needs refinancing and the lender releasing the departing partner from the loan.
- Former main residence is exempt from the 16.5% capital-gains tax (Notaire.be, 2026).
- If blocked, a court can order a sale by licitation.