Can you sell your home without your children’s consent?

The family home… full of memories, photos, and stories. You’re thinking about selling it. But then: “Mom, Dad… you can’t do that, can you? That’s our home!” Many parents have doubts: Can I sell my home without my children’s permission? Spoiler: yes, in most cases, you can. But there are situations where things are a little different. We’ve listed them for you below. 

Can you sell your home without your children’s consent?

If you are the sole owner of your home, you don’t need your children’s permission to sell it. You make the decision, and you receive the proceeds. Or, as they say: your house, your rules.

“But that’s our legacy!” – Is that really true?

Many children think they’re already entitled to their future inheritance. Wrong. Legally speaking, they have no claim to it until you pass away. Do you still want to give them a share of the proceeds? You can, but only if you choose to do so.

What happens if your partner passes away?

Whether you’re married, legally or de facto cohabiting: agree in advance on what will happen to the home. You can choose to grant full ownership to the surviving partner, or to grant them the right of usufruct. That makes a world of difference.

Usufruct and bare ownership: deciding together

If, following your partner’s death, you hold only the right of usufruct and your children inherit the bare ownership, you cannot sell the property on your own. You need their consent. If they are minors, the justice of the peace must also approve the sale.

What if you are no longer capable of making decisions?

In the event of illness, an accident, or dementia, you may find yourself unable to make decisions on your own. In that case, the judge may appoint a guardian. Would you prefer to choose who can act on your behalf? Set up a power of attorney now. This could be your partner, your children, or someone you trust.

Summary: Here's the legal reality

• As long as you are alive and of sound mind, you may sell your home without your children’s consent.

• The proceeds are yours, unless you decide to donate them (in whole or in part).

• Protect your partner and make arrangements regarding ownership and usufruct in a timely manner.

• Consider setting up a health care proxy to avoid legal problems down the road.

Our advice? Talk to your notary for personalized legal advice on selling your home, usufruct, bare ownership, and your inheritance. That way, you can avoid any surprises. Or just drop by the Living Stone real estate office near you. We’re happy to help.