Co-tenancy as a couple: what happens upon separation
You are a couple sharing a tenancy in Belgium. What happens if you separate? Rights depending on status (married, legal cohabitants, de facto) and practical steps.
The 3 statuses and their consequences
The fate of the lease in case of separation depends on the legal status of the couple:
| Status | Signatory of the lease | Who keeps it | Joint liability after departure |
|---|---|---|---|
| Married | One or both | The judge decides | Yes (until divorce) |
| Legal cohabitants | One or both | Agreement or judge | Yes (until end of cohabitation) |
| De facto cohabitants | One or both | According to the lease | If solidarity clause present |
Laura and Antoine are de facto cohabitants. They have both signed the lease. They have the same rights but must reach agreement — without automatic intervention from a family court judge.
Impact on the lease
Both have signed (co-tenants)
Each has the same rights and obligations. Options:
- One stays, the other leaves: amendment to the lease to discharge the departing party from joint liability. The landlord must accept (they can check the solvency of the remaining tenant).
- Both leave: joint notice with a notice period of 3 months (2 in Brussels).
- Disagreement: referral to the justice of the peace who will decide.
Only one has signed
- The signatory stays: the non-signatory has no rights and must leave
- The signatory leaves: they must give notice normally. The non-signatory has no right to stay (unless the landlord agrees to a new lease)
If you leave the dwelling without signing a discharge amendment, you remain jointly and severally liable for the rent. The landlord can claim the full rent from you even months after your departure.
The rental deposit
The rental deposit is a lump sum in the name of both co-tenants. Even if Laura and Antoine each paid 50/50, they cannot recover “their share” independently.
Release of the deposit
The deposit can only be released:
- By written agreement of both co-tenants AND the landlord
- By decision of the justice of the peace in case of disagreement
Practical solutions
| Situation | Solution |
|---|---|
| One stays, the other leaves | The remaining occupant reconstitutes a deposit in their name only. The old one is released. |
| Both leave | The deposit is released after the move-out property inventory, shared 50/50 (or according to agreement) |
| Disagreement | The justice of the peace decides |
Practical steps
If you stay
- Negotiate an amendment with the landlord (lease in your name only)
- Prove your solvency (income >= 3x the rent alone)
- Reconstitute the rental deposit in your name
- Update your home insurance
- Report the change in household composition to the municipality
If you leave
- Insist on a discharge amendment signed by the landlord and your ex
- Recover your share of the deposit (after reconstitution by the remaining occupant)
- Cancel or transfer your insurance
- Change your address at the municipality (8 days)
- Inform your employer, health insurer, bank
No agreement possible?
If no agreement can be reached between Laura and Antoine, the justice of the peace can:
- Assign the lease to one of them
- Order the other to leave with a deadline
- Determine the allocation of the deposit
To formalise the changes, use our online lease generator to create an amendment or a new lease. For other situations, see our case studies or the guide on lease and separation.