NOTACARE INHERITANCES
The house and the distribution:
what is possible, what requires consultation?
Discover our guidance ↓To begin with
One wishes to sell. Another wants to keep the house. And for someone else it is especially important that the surviving partner can continue to live there. First, we clarify the rights, then the possibilities.
“Therefore, do not ask only what once connected us, but what we can still sincerely carry together today.”
Your questions, step by step
Do you want to divide property together or buy out the other owner? We help you understand how the value, the loan and each person’s rights interrelate.
Why do I go to the notaire for this?
The notaire prepares the division of your property and examines the rights of all owners. For real estate, the transfer is notarised.
The division and the loan must be considered together.
How can I buy out the other owner?
Determine the value together, possibly with an independent appraisal.
Have ownership shares, individual payments and debts examined.
Request the bank’s agreement, discuss the settlement and sign the deed of division.
How does this proceed and how long does it take?
There is no fixed term for a voluntary buyout. Valuation, agreement of the owners, financing and searches determine the schedule.
A judicial division follows a separate procedure.
Which documents should I provide to the notaire?
Prepare what you already have. You do not need to wait until your folder is complete to make an appointment.
Is a document missing or do you not know where to find it? Check the help for each document. We will discuss what the office can obtain for you and what you still need to provide yourself.
Where can I find this?
Search in your deed folder, Izimi or Mijn akten. Cannot find the deed? Provide the address, estimated date and possibly the previous notarial office; we will see how to request a copy.
Where can I find this?
Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.
Where can I find this?
Provide the report with date and name of the appraiser. If there is no valuation yet, do not order one without consultation: first discuss what valuation is needed.
Where can I find this?
Request the document from your bank or download it from your own online banking environment. State the date and file reference. Provide statements, never passwords or access codes.
Where can I find this?
Request your bank’s written position. An agreement between partners does not replace this. If you have not yet received an answer, provide the bank and case manager’s details.
Where can I find this?
Gather the invoices and related bank statements. Note who paid, on what date and for which works or purchase. The office examines if a settlement is appropriate.
Where can I find this?
Provide the complete correspondence or decision with attachments. Show envelopes or proof of receipt if a deadline applies.
These check marks only remain on the opened page and are not sent to the office.
Open the checklist: ready, need help or not applicableWhat does the notaire do and investigate?
- Who owns which share and who must consent?
- Which personal payments and mutual accounts must be settled?
- What does the bank decide about financing and discharge from the loan?
- Which taxes and formalities apply to this division?
We agree on which searches the office will conduct and which information you, your bank or another expert will provide.
What should I pay attention to before I sign?
Check which goods and accounts are definitively settled, the buy-out sum, payment, usage fee and key date. An agreement between owners does not automatically release anyone from the loan.
Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.
What else must I arrange afterwards?
The office follows up on the real estate formalities. Have the bank discharge confirmed and adjust insurances, direct debits and contracts.
Keep the settlement and proof of payment.
Transfer documents, insurances and practical aftercareWhich practical tips can help me?
Half the value of the property is not necessarily the buy-out sum. The credit balance, the shares and proven mutual claims also count.
What do these words mean?
- Indivision
- multiple persons jointly own a property.
- Compensation payment
- the sum of money that balances a difference in the division.
- Discharge of debt
- the creditor's agreement that someone no longer has to stand surety for the involved debt.
Where can I find more explanation or help?
You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.
We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.
Ask your question to the officeMake an AppointmentHow do I buy or sell a house?General explanation for your preparation. The rules and documents that apply to you are determined based on your file.
On this page
Inheriting together: what does that mean?
When multiple persons hold the same ownership rights in a property, indivision can arise. Your share is then not a defined room or a specific part of the savings account. It is a share in the whole.
The settlement clarifies which claims, debts and settlements exist. The division then determines who receives which goods or amounts. Therefore, a division may require more preparation than “dividing the value by the number of children”.
Can the surviving partner continue living there?
That depends on the rights. Someone with their own share and usufruct stands differently than a partner without ownership or inheritance rights. Tenancy law can also play a role. Have the deed of purchase, the relationship form and existing documents examined first.
An exemption from inheritance tax on the family home is a fiscal rule. It does not, by itself, give someone ownership rights. The question “do I inherit?” must therefore be answered first; then comes “how is that taxed?”.
A simple example
A factual cohabiting partner is told that partners can receive an exemption. That does not imply that the partner automatically inherits the home. First, it must be clear on which legal basis he or she acquires something.
Keep, take over or sell?
| Choice | What do you discuss first? |
|---|---|
| Remaining co-owners | Who uses the home? Who pays which costs? When do we review the agreement? |
| An heir takes over | Which value do we apply? Can the taker finance? Which deeds, taxes and fees are needed? |
| Selling | Who must consent? Is the home ready for sale? Which documents are missing and how do we later divide the net proceeds? |
A valuation for the declaration is not automatically an agreement on the takeover price between heirs. Explicitly discuss what a value is used for. For the transfer of real estate, we also look at the deed of immovable inheritance and the other required formalities.
Practical tip. Do not sign any sales or acquisition agreement before it is clear who is authorised and what all the conditions mean. A "preliminary paper" can already have binding effects.
Personal belongings also deserve arrangements
A watch or a photo album may have little sales value yet be important to several family members. Therefore, make a separate list of the items about which someone has a wish. This keeps the emotional significance visible without confusing it with the fiscal valuation.
Discuss who temporarily holds an item and record that holding is not yet allocation. Photos of the items and a joint overview help to separate memories from facts.
Practical tip. Do not only ask: "Who wants this?" Also ask: "Why is this important to you?" Sometimes a copy of a photo or sharing a story can partly fulfil the need.
What if one heir does not agree?
First map out the precise point of disagreement: the value, a previous gift, the costs or the use of the property. A general quarrel becomes easier to discuss when it is clear which point needs to be resolved.
The civil-law notary guides impartially and investigates the possibility of agreements. If an amicable division does not succeed, a judicial route may be necessary. That is a separate procedure; the civil-law notary cannot simply decide the dispute alone.
The notaire and the office
Explains rights and possible arrangements and legally records an agreement. Discusses the boundaries if no agreement is reached.
You as heir
States which outcome you seek and on what you base yourself. Provides evidence and makes your own choices with knowledge of the consequences.
When can NotaHome help?
If sale is indicated and the required parties agree, we can discuss which real estate guidance via NotaHome suits. Sales assistance is a separate assignment with its own agreements and costs.
The legal settlement, fiscal declaration and sale must align properly. Putting a house up for sale does not, for example, automatically solve an approaching fiscal payment deadline.
Discover NotaHome ↗Frequently Asked Questions
FROM READING TO PREPARATION
Already a first answer.
What can I do if many things happen to me at once?
Start with one overview: contacts, received letters, ongoing appointments and questions. Use the topics and checklist on this page to divide the preparation. Immediately mention dated letters to the office.
Must one heir collect everything alone?
You can divide practical tasks among yourselves and keep track of who has which information. That alone does not indicate who may legally act. Discuss with the office who provides information and who should be involved in decisions.
Where can I find help with administration?
Our separate page about administration after death bundles practical information for subscriptions and services. The inheritance guide also assists you with the documents for the notaire and the progress of the declaration.
Help with subscriptions and administrationEASY PREPARATION
Your checklist: division or buy-out
Which documents do you prepare, where do you find them and when can the office assist? Indicate what you have and where you need support.
Useful websites on this topic
RELIABLE CONTINUED READING
View sources and practical websites
FROM FIRST QUESTION TO NEXT STEP
You do not have to figure it out alone.
Getting an overview
We bring together those involved, available documents and your questions.
Understanding choices
We discuss what needs to be examined and which decisions lie ahead.
Further settlement
We agree on which formalities the office will handle and what else is required from you.
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