Renting a jointly owned property in Belgium
How to rent a property held in joint ownership (indivision) in Belgium. Co-owners' consent, lease management, income distribution and exit from joint ownership.
The principle of joint ownership
Joint ownership (indivision) is the situation where several persons are joint owners of the same property, without their respective shares being physically divided. It is common after an inheritance (succession joint ownership) or a joint purchase.
In Belgium, joint ownership is governed by articles 815 and following of the Civil Code. Each co-owner:
- Holds a share (e.g. 50%, 33%, etc.)
- Has the right to use the property (proportional to their share)
- Can demand partition at any time (no one is forced to remain in joint ownership)
Marie and Thomas inherit 50/50. The apartment is empty and generates charges (property tax, insurance, co-ownership). Letting is a solution to cover these costs while awaiting a definitive decision.
Letting a property held in joint ownership requires the agreement of all co-owners for a primary residence lease (9-year commitment). This is an important act of management that binds all co-owners.
Letting the property
Agreement of co-owners
For a primary residence lease (3-6-9): unanimous agreement required. For a short-term lease (< 3 years): agreement of the majority of shares may suffice (variable case law).
The lease
The lease is signed by all co-owners or by a designated agent. The co-owners are jointly and severally liable as co-landlords.
| Lease element | Who decides |
|---|---|
| Rent amount | Unanimous agreement |
| Choice of tenant | Unanimous agreement |
| Lease clauses | Unanimous agreement |
| Maintenance works | Majority of shares |
| Major works | Unanimous agreement |
Management mandate
To simplify matters, the co-owners can designate an agent (one of them or an external manager) who signs the lease and manages the rental relationship on behalf of all. The mandate must be in writing and signed by all co-owners.
A rental management software centralises management and gives all co-owners access to documents and accounts.
Managing the lease in joint ownership
Rental income
Rents are distributed pro rata to shares:
| Co-owner | Share | Monthly rent (800 EUR) | Allocation |
|---|---|---|---|
| Marie | 50% | 400 EUR | Must be declared for tax |
| Thomas | 50% | 400 EUR | Must be declared for tax |
Each co-owner declares their share of income in their own tax return.
Charges and expenses
Charges are also distributed pro rata:
- Property tax: 50/50
- Landlord insurance: 50/50
- Owner’s co-ownership charges: 50/50
- Maintenance works: 50/50
Disagreement between co-owners
If the co-owners cannot agree on management (works, termination, rent increase), the justice of the peace can:
- Appoint a provisional administrator
- Authorise urgent works
- Order the sale if joint ownership becomes unmanageable
Exiting joint ownership
Options
| Option | Consequence for the lease |
|---|---|
| Buy-out by one co-owner | The lease continues, single owner |
| Sale to a third party | The lease continues if registered (lease transfer on sale) |
| Partition in kind (rare for an apartment) | The lease continues with the allocated unit |
| Judicial sale | The lease continues if registered |
Impact on the tenant
The tenant is not concerned by the co-owners’ internal decisions. Their lease continues regardless of ownership changes, provided it is registered.
Advice
If you are considering letting a property held in joint ownership, sign a joint ownership agreement that organises management (agent, distribution, exit procedure). This document prevents deadlocks and future disputes.
To create a lease as co-landlords, use our online lease generator which allows you to enter multiple owners. For other situations, see our case studies.