Land registry and family home protective rules

Land registry and the family home protective rules

In Belgium , a spouse is not allowed to sell property rights in the family home, without the agreement of the other. Art. 215 Civil Law (this is the responsibility of the notary, not the Land Registry)

Other Overriding mandatory provisions in family law

There are no other overriding mandatory provisions regarding ownership in Belgian law derived from family law.

Practical case

Pietro had inherited a house from his parents’ succession. He is registered in the land book as sole owner. After that, he marries Sofía and they establish their family home at that house, where they live with their two little children.

Now, Pietro has received a very interesting offer for the house from an Investing company called Paradise Rooms SA, so he decides to sell it. Pietro and the representative director of the company have signed the purchase contract before the notary and have sent it to the Land Registry to register the new owner.

Indeed, under Belgian law, the notary, but never the land registry, would require the consent of the owner’s spouse to register the contract of sale of the family home.