Lease and marriage in Belgium: what are the consequences?
How marriage impacts the lease in Belgium. Rights of the non-signatory spouse, family home protection, separation and consequences on the rental contract.
Family home protection
Belgian law strongly protects the family home of married couples. Article 215 of the Civil Code provides that:
- Neither spouse may, without the other’s consent, terminate the lease of the family home
- The landlord cannot terminate the lease without notifying both spouses, even if only one signed
- The family home cannot be seized for the personal debts of one spouse alone (except maintenance debts)
This protection applies automatically from the marriage, without formality. The married tenant does not need to add their spouse to the lease for the protection to apply.
The landlord sending a notice to quit must notify both spouses separately, even if they only know the signatory. A notice sent to only one spouse is void.
Automatic co-tenancy of the lease
The principle
Marriage creates a statutory co-tenancy of the family home lease. This means both spouses are considered tenants, even if only one signed the contract.
Practical consequences
| Aspect | Impact of marriage |
|---|---|
| Signing the lease | One spouse is sufficient |
| Rent liability | Joint (both spouses) |
| Termination | Consent of both spouses required |
| Notice to quit | To both spouses separately |
| Right to stay | Both spouses, even after the other’s departure |
Should the lease be amended?
No, co-tenancy is automatic. But it is recommended to formalise the situation through an amendment to avoid complications in case of separation. Consult our guide on how to add a person to a lease.
In case of separation or divorce
During proceedings
The family court judge may grant exclusive enjoyment of the family home to one spouse during divorce proceedings (urgent and provisional measures). The other spouse must leave the property.
The lease continues with the remaining spouse. The full rent remains due (joint liability between spouses) even if one has left.
After divorce
Two scenarios:
- The signatory keeps the property: the lease continues normally. The ex-spouse loses their rights.
- The non-signatory keeps the property: the lease is transferred to their name by court decision. The landlord must accept.
The landlord cannot oppose the lease transfer decided by the judge. They may, however, request proof of solvency from the remaining spouse.
For the consequences of a separation and lease, consult our dedicated guide.
Practical tips
Before marriage
- Check who is the signatory of the lease
- Consider an amendment to formalise co-tenancy
- Inform the landlord of the marriage (not mandatory but courteous)
During marriage
- Both spouses are jointly liable for the rent
- Any termination requires the consent of both
- Home insurance must cover both spouses
In case of separation
- Do not leave the property without a court decision (you lose your rights)
- Refer the matter to the family court for provisional allocation
- The lease will follow the judge’s decision, not the landlord’s wishes
To create a lease that includes family home protection clauses, use our online lease generator. For more information on legal cohabitation, consult our guide on lease and legal cohabitation or residential leases in Belgium.