Legal cohabitation
Two people living together may submit a joint declaration of legal cohabitation to the civil registrar of their common place of residence.
This declaration grants them the status of legal cohabitants and gives them certain rights and legal protection under the Belgian Civil Code.
The rights and obligations of legal cohabitants
Protection of the family home
The home occupied by the legal cohabitants, together with its household furnishings, benefits from special legal protection.
Neither cohabitant may sell, donate or mortgage the family home without the other's consent.
If one cohabitant unreasonably refuses to give consent, the Family Court may authorise the other to proceed alone.
Contribution to household expenses
Legal cohabitants must contribute to the expenses of the household according to their respective financial means.
This obligation also covers the costs of maintaining, educating and training the children living in the household, whether or not they are the children of both cohabitants.
Joint liability for certain debts
Where one cohabitant incurs a debt necessary for the needs of the household or for the maintenance of the children being raised together, the other cohabitant may also be held jointly liable for that debt.
The Family Court in the event of a dispute
Where the relationship between the cohabitants has seriously broken down, the Family Court may be asked to order urgent interim measures.
These measures may relate in particular to:
- occupation of the family home;
- the management or allocation of certain property;
- arrangements concerning the parties' common children.
