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Notariaat Wellens
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Notariaat Wellens

Division or buyout

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YOUR PREPARATION · DEEDS

Specific documents for your meeting. Indicate what is ready, where you need help, and what is not applicable.

Prepare what you already have. A missing document is no reason to postpone your first appointment. We will discuss what we can obtain for you.

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Which documents should I provide?

Deed of purchase or other ownership deed of the house

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.

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To review

Marriage contract, cohabitation agreement or inheritance deed, depending on your situation

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.

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To review

Recent appraisal report of the house, if you have it

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.

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To review

Credit agreement and recent overview of the outstanding balance

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.

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To review

Written bank agreement on assuming the loan or release of a borrower, if already received

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.

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To review

Bank statements and invoices for personal contributions, renovations and repayments

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.

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To review

Existing agreements, judicial decisions and possibly tenancy agreements

Provide the complete correspondence or decision with attachments. Show envelopes or proof of receipt if a deadline applies.

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To review

What do we record?

We examine the documents and legal implications. You do not need to work out the arrangement yourself beforehand. We will agree on which missing documents we can request.

A check mark means you have prepared this item. It does not mean that the office has already checked the documents or that your file is complete.

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We only save your choices regarding these documents in this browser, no names or case documents. Do not use this on a shared device.

You provide your documents through the channel agreed with the office. No documents are uploaded or choices sent on this page.

More explanation: How do I buy or sell a house?.

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"Which joint goal has disappeared beneath the positions in your difficult conversation?"
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?
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.