Selling a house when a co-owner refuses: what are your options?

Selling a house when a co-owner refuses: what are your options?

Selling a house when a co-owner refuses is possible in Belgium, but not without conditions. As long as you own the property together, you decide on the sale together. If the other owner refuses, you can always leave the joint ownership: first through discussion or a buyout, and as a last resort through the court. This article covers every form of co-ownership, whether you bought with an ex-partner, a brother or sister, or a friend.

Why you cannot sell on your own

If two or more people own the same home, they are legally in joint ownership (indivision). Each owner holds a share of the whole, for example half, but nobody owns a specific part of the house. To sell the entire property, all owners therefore have to agree and sign the deed of sale, either themselves or through a power of attorney.

A notary will not execute the deed if one owner is missing. An estate agent also cannot properly put the home on the market without instructions from all owners. If you sign a sales mandate or a preliminary sales agreement on your own, you risk the sale falling through later, with possible damages claims from the buyer as a result.

An equally important principle sits on the other side: the Belgian Civil Code states that nobody can be forced to remain in joint ownership. Anyone who wants out can request a division at any time. One co-owner can therefore delay a sale, but not block it forever. The exception is a valid written agreement to postpone the division for a fixed period. So first check what your purchase deed, your cohabitation agreement or your marriage contract says.

Step 1: talk about the reason for the refusal

A co-owner rarely refuses without a reason. It often comes down to one of these points:

• he or she still lives in the home and does not want to move (yet);
• there is disagreement about the value or the asking price;
• there is a dispute about who paid what, such as loan repayments or renovations;
• emotional attachment to the house, especially when it is the family home;
• timing: one wants to sell now, the other is waiting for a better market.

A dispute about the price is easiest to settle with objective figures. Have the home valued by an estate agent who does not take sides, or ask for several valuations and compare them. A free valuation gives you a first neutral starting point. If you want to hear from several local agents, you can compare up to 3 estate agents for free and discuss their valuation with the other owner.

If the conversation stalls, mediation is a good intermediate step. An accredited mediator helps both parties reach an agreement that you can then have formalised. That is usually faster and much cheaper than court proceedings. You can find the list of accredited mediators with the Federal Mediation Commission.

Step 2: a buyout or selling your own share

If the other owner wants to keep the home, a buyout is often the simplest solution. He or she buys your share at a price you both agree on. The notary draws up a deed for it. When joint ownership between co-owners is divided, a partition duty generally applies instead of the ordinary registration duties. The rate differs by region and changes from time to time, so ask your notary for the current amount. A mortgage in both names has to be reviewed as well, because the bank must agree that one person will carry the loan going forward.

You can also sell only your own share to a third party. Legally, that is possible without the other owner's consent. In practice there are few buyers for half a house that someone else lives in, and anyone who is interested offers a considerably lower price. For most sellers this is therefore not a real option.

If the co-owner lives in the home alone in the meantime, they may in some cases owe the other owners an occupancy fee. That amount is settled when the property is divided. Have this point recorded in your agreements, so it does not become a new dispute later on.

Step 3: court-ordered division

If no agreement is reached, you can ask the court to order the division. Between (ex-)partners and family members, the family court deals with this request. It usually goes like this:

1. Summons or petition. Your lawyer asks the court to order the division and to appoint a notary.
2. Appointment of a liquidating notary. This notary takes stock of what needs to be divided and first tries once more to reach an amicable settlement.
3. Sale of the home. If a house cannot simply be divided in kind, which is almost always the case, a sale follows. This is often a public sale, which these days usually takes place online via Biddit. During the proceedings the parties can still agree to a private sale as well.
4. Division of the proceeds. The notary settles the loan, the costs, any fees owed and what each owner has contributed, and divides the balance.

You can read how a public sale works for the seller in our article on selling a home at public auction via Biddit.

What proceedings cost and why discussion pays off

A court-ordered division comes at a price, even if you are proven right. You pay lawyers, the fees of the liquidating notary and court costs. Proceedings easily take months and sometimes years, and during that time the loan, the insurance and the property tax keep running. A public sale also does not always achieve the price that a well-managed private sale would.

For the party who refuses, that is a strong argument. Anyone who weighs the risk of a forced sale against a voluntary sale at market price often chooses an agreement after all. A clear proposal with a well-founded asking price, a realistic timeline and an estate agent both owners trust opens a lot of doors. You can compare estate agents in your area and choose together who will handle the sale.

If it concerns an inherited home, also read do all heirs have to sign when selling a house. If you are married or legally cohabiting and are separating, you will find more in our article on selling a house during a separation.

Frequently asked questions

Can I sell my house if the other owner refuses to sign?

Selling the entire home is only possible with the signature or power of attorney of all owners. If a co-owner refuses, you can ask the court to order the division. The judge then appoints a notary, who can have the home sold and divides the proceeds.

Can a co-owner block the sale forever?

No. In Belgium nobody can be forced to remain in joint ownership. Every co-owner can request a division, unless there is a valid written agreement to postpone the division temporarily.

Can I sell only my own share?

Yes, you may sell your undivided share without the other owner's consent. In practice there are few buyers for part of a home, and they usually offer considerably less than the proportional market value.

How long does a court-ordered division take?

That depends on the court, the complexity of the accounts and how cooperative the parties are. Expect at least a few months, and more than a year in serious conflicts. An agreement during the proceedings can shorten that period considerably.

In conclusion

A co-owner who does not want to sell puts your plans on hold, but not for good. Start with a conversation based on objective figures, see whether a buyout is possible and bring in a mediator if things get stuck. The court is the last step, not the first. A realistic valuation is the starting point in every scenario: request a free valuation and then compare up to 3 BIV-accredited estate agents for free and without obligation via ImmoMakelaarVergelijker.