If the other owner wants to keep the house, consider three routes: propose that they buy out your share, negotiate a joint sale, or ask a notary which termination rules apply. Do not sell the whole house alone, and do not assume every co-ownership can be ended immediately: the title, agreements and date the rights arose matter.
First clarify whether the disagreement concerns price, timing or the principle of selling. For your notary meeting, gather:
- the title deed and agreements between owners;
- information about the loan and any security;
- occupancy arrangements and evidence of spending or works.
Ask the notary to confirm the shares and whose involvement is required.
What does each co-owner own?
An undivided share relates to the whole property, not a bedroom, floor or part of the garden. Article 3.68 of the Civil Code does not allow a co-owner to claim a specific physical part based on their share. The purchase deed records the proportions. Spending on works may raise a separate accounting issue between owners. Read Book 3 of the Civil Code, including articles 3.68 onwards, official text displayed on 24 December 2020.
What options are available if one owner wants to keep the house?
You can discuss a joint sale to a third party, a buyout by the owner who wants to stay, or the transfer of your own share. Article 3.70 sets out the principle that an owner may dispose of their share, subject to applicable rules and rights. A share is not a separate house: clarify the rights conveyed and the relationship with the other co-owners before any transfer. Fednot provides guidance on buying together and co-ownership.
| Option | What to clarify first |
|---|---|
| Sell the house together | Consent, sale terms and signing authority |
| Have your share bought out | Agreed value, financing and lender consent if there is a joint mortgage |
| Transfer your share | Applicable rules, rights transferred and any relevant clauses |
Transferring shares does not automatically release you from a joint loan. The lender must agree to the assignment of debt and release of the original debtor. Articles 5.187 and 5.188 of the Civil Code concern these mechanisms, subject to the regime for earlier obligations, including article 64 of the Act of 28 April 2022, and signed commitments. Read the Act of 28 April 2022, published in the Belgian Official Gazette on 1 July 2022.
Can you compel a sale or partition?
An agreed sale of the whole house generally requires everyone’s consent. Article 3.73 addresses unanimity and abuse of rights: refusal alone does not establish that a legal claim will succeed. The court assesses the facts and rights involved.
Book 3 distinguishes accidental from voluntary co-ownership and sets different rules in articles 3.75 to 3.77. Article 37 of the Act of 4 February 2020 contains the transitional provisions; article 39 sets its entry into force on 1 September 2021. Rights created before that date do not automatically fall under the new regime. The notary should check how and when the co-ownership arose, the agreements and the applicable transitional law. Read the official text, including articles 37 and 39, and articles 3.73 and 3.75 to 3.77.
How can you move forward without worsening the disagreement?
Ask each owner to clarify their aim: keep the house, buy out the shares, delay the sale or challenge the price. Then compare complete scenarios, including valuation, finance, occupation and costs. For a market valuation, read our guide to selling a house and submit a valuation request. The notary checks rights and deeds; a lawyer can advise on an ongoing dispute.
Which questions come up often?
Can one co-owner sell the whole house alone?
Generally not: an agreed sale of the entire property requires consent from all co-owners. Ask the notary to check the authority and circumstances.
Can you sell only your undivided share?
A share may be transferred under the applicable legal framework, but it does not give exclusive ownership of a room. The notary checks the relevant rights and clauses.
Does transferring shares release someone from the loan?
Not automatically. The lender must agree to the assignment of debt and release of the original debtor, under the applicable regime and signed commitments.
Does the new regime apply to every co-ownership?
Not automatically. The origin and date of the rights, the transitional provisions in article 37 and the entry into force date set by article 39 of the Act of 4 February 2020 must be examined.
General information on Belgian law. Official legal sources and Fednot consulted on 19 October 2026. A notary must review the title, agreements and specific circumstances.
