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    Housing & real estate · Notarial deeds

    Division and buy-out

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    To begin with

    ← All notarial deeds

    You are co-owners. How can each continue?

    Dividing joint ownership or having one owner take over the other.

    Make a non-binding appointmentRequest advice online
    "State what will happen, repeat the common goal and choose one next question."
    Paul Wellens

    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?

    1. Determine the value together, possibly with an independent appraisal.

    2. Have ownership shares, individual payments and debts examined.

    3. 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 applicable
    What 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 aftercare
    Which 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

    What does this regulate?

    01 · UNDERSTAND

    In a division, rights in joint ownership are allocated differently. For example, one co-owner can take over a property and pay compensation to the other. For real estate, this is recorded by a civil-law notary.

    The discussion covers more than an estimated sale value: loans, personal contributions, use of the property and any mutual claims must also be considered. In case of separation this may be part of a broader settlement.

    A RECOGNISABLE SITUATION

    After a breakup, one partner wants to remain living there. We look at the buyout amount and whether the other partner is actually released from the loan by the bank.

    What requires attention?

    02 · CHOOSE CONSCIOUSLY

    One party taking over the house does not automatically release the other from the loan debt. Consent of the lender is required. Agreement on value does not yet mean all mutual accounts are settled.

    Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.

    More points to consider for your own situation

    Two men talking with each other at a small table by the window.

    03 · YOUR INTENTION

    You do not need to be able to answer all this in advance. Your doubts are also a good starting point.

    Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.

    1. Who wants to take over and can that person finance it?

      Have the prospective buyer speak to the bank beforehand about financing. Also ask what is necessary for other parties involved to be released from the loan.

    2. How is the value determined?

      Discuss a valuation date and how to arrive at an agreed value, for example with an independent appraisal. Keep asking price and agreed value separate.

    3. Which personal contributions or costs still need to be settled?

      Make an overview per person of personal contributions, repayments and works with proof. Note which amounts are still disputed.

    4. Who uses the property until the transfer?

      Record who temporarily lives in or uses the property, who pays costs and when keys will be handed over. Discuss if a usage fee is applicable.

    5. Is there agreement about all assets or only about the house?

      Make a list of what has already been arranged and what remains open, including accounts and debts. Agreement on the house does not automatically mean everything is finalised.

    What do we need, and why?

    04 · PREPARATION

    Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.

    Identity and contact details

    To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.

    Title deed and any inheritance succession documents

    To determine current shares.

    Valuation and overview of loan balance

    To prepare the financial settlement.

    Proof of contribution, payments and previous agreements

    To examine mutual claims.

    Bank position on loan takeover

    To coordinate transfer of ownership and debt settlement.

    Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.

    What does NotaLegal do for you?

    05 · GUIDANCE

    We map out the rights and points of discussion, draft an agreed settlement and prepare the deed. In case of dispute we discuss the necessary further approach; a voluntary division assumes agreement.

    You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.

    Know in advance what to expect.

    06 · FEES

    Statutory tariff where legally established

    For deeds with a legally established fee, we apply that tariff. The total settlement also includes, depending on the file, taxes, dossier costs, third-party expenses and VAT. For services without a legally established fee, we agree the remuneration in advance.

    You will receive a clear explanation in advance regarding the costs of your transaction. We discuss the services your file requires and distinguish between fee, taxes and other costs.

    Read more

    Sale and purchase Mortgage credit Mortgage power of attorney

    Substantive background: notaris.be · Buying out your ex-partner's share

    General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.

    Frequently Asked Questions

    FROM READING TO PREPARATION

    Already a first answer.

    Do I need to know already which deed I need?

    No. Start from what you want to arrange. An existing deed, a draft or your own description helps us ask the right questions. The explanation on this page gives you a first idea of the possibilities; the concrete elaboration follows from your situation.

    What can I prepare now?

    Gather the documents mentioned on this page for preparation. Also note what you want to keep, who is involved and which date is relevant. If you do not yet have everything, mention what is missing at your appointment.

    Can I first have a draft discussed?

    You can submit your question about a draft before proceeding. Indicate if there is a response deadline and provide the complete version, including attachments. We will coordinate with you on the control and guidance you require.

    EASY 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.

    Open your checklistDownload the checklist (PDF)

    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.

    1. Your intention

      We discuss what you wish to arrange and who will bear the consequences.

    2. From documents to agreements

      We examine the necessary information and explain the proposed text.

    3. Signing and follow-up

      You decide after explanation. We discuss the completion and where you can find your documents.

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    One office. Guidance that flows seamlessly together.