Lease and couple separation: what to do in Belgium
What happens to the lease upon separation (divorce, end of cohabitation)? Who stays, who pays, how to amend the lease. Practical guide by situation in Belgium.
Possible scenarios
The separation of a tenant couple raises a central question: who keeps the lease? The answer depends on the couple’s legal status and the lease arrangement.
| Situation | Who keeps the property | Legal basis |
|---|---|---|
| Married, lease signed by both | Family court decision | Art. 215 Civil Code |
| Married, lease signed by one only | Family court decision | Art. 215 Civil Code |
| Legal cohabitants, lease by both | Agreement or Justice of the Peace | Art. 1477 Civil Code |
| Legal cohabitants, lease by one only | The signatory has priority | Art. 1477 Civil Code |
| De facto cohabitants, lease by both | Agreement or Justice of the Peace | General law |
| De facto cohabitants, lease by one only | The signatory keeps it | General law |
In all cases, the separation does not end the lease. The lease continues with the remaining tenant(s).
Separation of married spouses
During divorce proceedings
The family court judge may grant exclusive enjoyment of the family home to one spouse. The other must leave within the deadline set by the judge.
During this period:
- Rent is jointly owed by both spouses (even the one who left)
- The lease cannot be terminated by the landlord
- The remaining spouse cannot sublet without consent
After divorce
The lease is transferred to the spouse who obtains the property by court decision. The landlord is obliged to accept. An amendment to the lease is drawn up to regularise the situation.
If neither spouse wishes to keep the property, both give joint notice with the statutory notice period.
For details on family home protection, consult our guide on lease and marriage.
Leaving the property without a court decision may be interpreted as abandonment of the conjugal home, with consequences for the divorce proceedings and home allocation.
End of cohabitation (legal or de facto)
Legal cohabitation
Legal cohabitation can be ended unilaterally by simple declaration at the municipality. Home protection ceases immediately.
- If only one signed: they keep the lease, the other must leave
- If both signed: they must negotiate. In case of deadlock, the Justice of the Peace decides
- Joint liability for rent ceases upon break-up
De facto cohabitation
No legal protection. Only the contract (lease) is decisive:
- If only one signed: they are the sole tenant, the other has no rights
- If both signed: each is a co-tenant with the same rights
- No automatic joint liability (unless the lease provides for it)
The de facto cohabitant who did not sign the lease has no remedy to remain in the property. This is the most precarious situation.
Practical steps
For the one who leaves
- Inform the landlord in writing of your departure
- Request an amendment discharging you from joint liability and the lease
- Update your address at the municipality within 8 days
- Update your insurance (cancellation or transfer)
- Claim your share of the rental deposit (in agreement with the remaining co-tenant)
For the one who stays
- Check your solvency: the landlord may request supporting documents
- Sign an amendment to the lease in your name only
- Adjust the rental deposit if necessary
- Update home insurance
For the landlord
- Do not take sides: wait for the parties’ decision or the judge’s ruling
- Require an amendment to regularise the lease
- Check the solvency of the remaining tenant
- Send future notices to both co-tenants until the amendment is signed
To create an amendment or a new adapted lease, use our online lease generator. For more information, consult our guide on residential leases in Belgium.