Kasper & Kent provides real estate marketing and mediation. We're not just an estate agent or a marketing agency, we're both, rolled into one. A full service property agency with all the in-house resources required for the optimal sale or rental of a house or project.

Can I decide to sell the family home alone if I am married?

If married couples have purchased their family home together, it goes without saying that one of the partners cannot simply sell the home without the consent of the other partner. But what if the home is owned by only one of the two partners?

The law on the protection of the family home

In the Belgian Civil Code, there is a special protection for the family home. One partner cannot sell or mortgage the family home without the consent of the other. Even if the partner is not a co-owner. The same protection also applies to a family home that is rented. Both partners must agree to decisions.

This protection applies to both married and legally cohabiting partners.

What if the partners do not share the same position?

If a dispute arises between married or legally cohabiting partners regarding the sale or termination of the rental of the family home, it may occur before the family court. The court may then give either partner the power to be allowed to make a particular decision.

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Can I decide to sell the family home alone if I am married?