Lease and legal cohabitation in Belgium
Impact of legal cohabitation on the lease in Belgium. Rights of the non-signatory cohabitant, dwelling protection, separation and differences with marriage.
Home protection in legal cohabitation
Legal cohabitation (equivalent to the French PACS) is governed by Articles 1475 to 1479 of the Belgian Civil Code. It provides protection of the principal home of the cohabitants, set out in Article 1477 paragraph 2.
In practice:
- Neither cohabitant may, without the other’s consent, dispose of the lease of the principal home
- The landlord must notify both cohabitants for any notice to quit
- The protection applies automatically from the declaration of legal cohabitation at the municipality
This protection is similar to marriage (Article 215) but with important differences.
Legal cohabitation must be declared at the municipality for the protection to apply. Simple de facto cohabitation confers no legal protection on the lease.
Rights of the non-signatory cohabitant
| Right | Legal cohabitant | De facto cohabitant |
|---|---|---|
| Home protection | Yes (Art. 1477 par. 2) | No |
| Notification of notice | Yes | No |
| Right to stay after signatory’s departure | Yes (temporary) | No |
| Joint liability for rent | Yes (household debts) | No |
| Co-tenancy of the lease | Automatic | Only if co-signatory |
The non-signatory legal cohabitant has the right to remain in the property even if the signatory gives notice. However, this right is temporary: the remaining cohabitant must regularise their situation (sign a new lease or an amendment).
To formalise the situation, it is recommended to add the cohabitant to the lease by amendment.
Differences with marriage
| Criterion | Marriage (Art. 215) | Legal cohabitation (Art. 1477) |
|---|---|---|
| Home protection | Strong (enforceable against third parties) | Moderate |
| Joint rent liability | Automatic and complete | Limited to household debts |
| End of protection | Divorce (court decision) | Unilateral declaration |
| Home allocation | By family court judge | By agreement or Justice of the Peace |
| Unilateral cessation | Impossible without a judge | Possible by simple declaration |
The major difference: legal cohabitation can be ended unilaterally by simple declaration at the municipality. No court proceedings are needed. Home protection ceases upon the end of cohabitation.
This is a more fragile protection than marriage, making the lease amendment all the more important.
In case of break-up
Procedure
- One cohabitant declares the end of legal cohabitation at the municipality
- Home protection ceases immediately
- The cohabitants must agree on who stays in the property
- In case of disagreement, referral to the Justice of the Peace
Who keeps the property?
- If only one signed the lease: the signatory has priority. The other must leave.
- If both signed (co-tenants): they must agree. Failing that, the judge decides.
- The landlord cannot choose: they must accept the parties’ choice or the judge’s decision.
Joint liability after break-up
Joint liability for rent ceases at the end of legal cohabitation. Arrears prior to the break-up remain jointly owed.
To create a lease that protects both cohabitants, use our online lease generator. For separation situations, consult our guide on lease and couple separation or residential leases in Belgium.