Both ex-spouses must agree to sell, sign the mandate together and split the net proceeds according to their ownership shares. If one refuses, a court can order the sale (licitation). A partition duty of 1% applies in Wallonia (Notaire.be, 2026).
Separating a couple from the walls they bought together is rarely just a legal step: it is the moment two futures are financed. In Wallonia a jointly owned home is held in indivision, and the founding principle of Belgian property law is that no co-owner can be forced to stay in indivision against their will. That single rule shapes every divorce sale: it protects the partner who wants out, and it removes the illusion that the other can block the process forever.
The smooth path is an amicable sale (vente de gré à gré). Both parties sign the sale mandate, approve the price and share the net proceeds in proportion to their respective shares recorded in the purchase deed, after the outstanding mortgage is cleared. Where the couple divorces by mutual consent, the property split is usually organised in the settlement agreement (convention préalable) drawn up with a notary before the divorce is pronounced. One counter-intuitive point often missed: you do not have to wait for the final divorce judgment to sell. The couple can market and even complete the sale during the proceedings, which frees up capital exactly when both households need a deposit for their next home.
Figures matter here. When co-owners split the property rather than sell to a third party (for example one buys out the other), Wallonia levies a partition duty (droit de partage) of 1%, against 2.5% in Flanders (Notaire.be, 2026). A genuine sale to an outside buyer instead triggers the standard costs on the buyer’s side, while the sellers keep the surplus. Since the family home is exempt from the 16.5% speculative capital-gains tax, most divorcing couples selling their main residence owe no tax on the gain (Notaire.be, 2026).
When dialogue fails, the file moves to court. A judge can order a judicial sale by licitation, appointing a notary to run a public auction; the proceeds are then divided. This is slower and usually yields less than a well-run private sale, which is precisely why an experienced agent earns their place: keeping the sale amicable protects the price for both sides.
At a glance
| Step | What happens | Practical note |
|---|---|---|
| 1. Agree the route | Amicable sale or buy-out | No one can be forced to stay in indivision (Notaire.be, 2026) |
| 2. Value the home | Independent estimation | Easyhome offers a free estimation |
| 3. Clear the mortgage | Loan repaid at the deed | Mortgage release cost applies |
| 4. Sign together | Both ex-partners sign the mandate | Selling during proceedings is allowed |
| 5. Split proceeds | Net divided by ownership shares | Partition duty 1% in Wallonia if buy-out |
| If blocked | Court-ordered licitation | Public auction run by a notary |