Liquidation and division are the operations which, after a divorce or the dissolution of a cohabitation, make it possible to close the common assets of the ex-spouses: inventory of assets, payment of debts, attribution of assets to each.
- After a divorce (mutual consent or contested)
- After the death of a spouse (inheritance + liquidation of the matrimonial property regime)
- After the breakdown of a legal or de facto cohabitation with jointly owned assets
1. Inventory of assets (movables, real estate, accounts, claims, debts)
2. Classification: own assets / common assets / jointly held assets
3. Valuation (estimate, sometimes property experience)
4. Calculation of compensations: compensations due between spouses for movements between estates (e.g. own money invested in common asset)
5. Actual division: attribution of assets to one or the other, with possible balancing payment
6. Notarial deed or judgment ratifying the division
- Valuation of the family home
- Treatment of debts contracted by one spouse alone
- Compensations due to the common estate
- Own contributions when purchasing a common asset
- Gifts between spouses to be revoked or not
- Amicable: by notarial deed, faster and less costly
- Judicial: before the Family Court with appointment of a notary-liquidator, in case of persistent disagreement
- Preliminary assessment of your asset situation
- Amicable negotiation with the other party
- Representation in case of judicial liquidation
- Follow-up of the notary-liquidator
- Defence of your interests in disputes (compensations, occupation indemnities, asset values)
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Your English-speaking lawyer at the Brussels Bar
Sarah Satti, lawyer at the Brussels Bar, primarily practises family law. She guides her clients through all family proceedings with rigour and kindness.
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