Divorce and rental lease: what happens to the dwelling

Protection of the family dwelling during divorce

Under Belgian law, the family dwelling benefits from reinforced protection during divorce proceedings (article 215 of the Civil Code). Neither spouse can terminate the lease without the other’s consent — even the signatory of the lease.

In the case of Nathalie and Pierre:

• Pierre signed the lease alone but Nathalie benefits from automatic co-tenancy (marriage)
• Pierre cannot give notice without Nathalie’s consent
• The landlord cannot terminate the lease without notifying both spouses

The lease is therefore frozen during the divorce proceedings: no party can terminate it unilaterally.

For details on the protection of the lease through marriage, see our dedicated guide.

Attribution of the dwelling by the judge

Provisional measures

From the start of the proceedings, the family court judge can grant exclusive enjoyment of the dwelling to one of the spouses. The criteria:

In the case of Nathalie and Pierre, the two children enrolled in the local school constitute a strong argument for Nathalie to obtain the dwelling.

Final attribution

At the time of the final divorce, the judge can:

1. Assign the lease to the spouse who stays (judicial transfer)
2. Order termination if neither spouse wishes to stay
3. Set an occupancy allowance if the remaining spouse could not pay alone

Joint liability for rent

During the proceedings

Both spouses remain jointly and severally liable for the rent (article 222 of the Civil Code). Even if Pierre has left the dwelling, he remains liable for the full rent. The landlord can claim the rent from either spouse.

After the divorce

Joint liability ends at the final divorce judgment. From that date, only the spouse who retains the lease is liable. An amendment to the lease is recommended to formalise the change.

If the remaining spouse cannot pay alone

The judge can:

• Order a maintenance contribution including a share of the rent
• Temporarily reduce the rent by agreement with the landlord
• Order rehousing in a property better suited to the spouse’s means

Steps after the court ruling

For the spouse who keeps the dwelling

1. Send the court ruling to the landlord (copy of the decision)
2. Sign an amendment to the lease in your name only
3. Update your home insurance (remove ex-spouse)
4. Check the rental deposit: transfer to the remaining spouse’s name
5. Update your registered address at the municipality

For the spouse who leaves

1. Request an amendment discharging you from joint liability
2. Take out new insurance for the new dwelling
3. Report the change of address to the municipality (8 days)
4. Recover your share of the rental deposit (if applicable)

For the landlord

1. Comply with the court ruling (no choice)
2. Draw up an amendment with the remaining spouse
3. Check the solvency of the remaining spouse
4. Adjust the rental deposit if necessary

To formalise the lease change, use our online lease generator. For other situations, see our case studies or the guide on lease and separation.