To begin with
You share your life without marriage or a declaration of legal cohabitation. What you wish to arrange for each other then requires extra attention.
“A relationship shows its quality when interests do not coincide.”
Your questions, step by step
Building a life together starts with trust. Clear agreements help to protect each other even when your situation changes.
Why do I go to the notaire for this?
Cohabitation does not automatically determine who is the owner, who receives an extra payment back or who inherits later. The civil-law notary helps to keep those arrangements clear.
An agreement between legal cohabitants is notarised.
How do we protect each other when we cohabit?
Discuss whether you are de facto or legally cohabiting and who owns which goods.
Record contributions to the home, loan and household expenses.
Discuss separately what is needed in case of a separation or death, such as a testament.
How does this proceed and how long does it take?
If you want to enter into legal cohabitation, you must make a declaration at the municipality. The agreement and any will are separate steps.
Arrange agreements about a purchase or additional contributions before payment.
Which documents should I provide to the notaire?
Prepare what you already have. You do not need to wait until your folder is complete to make an appointment.
Is a document missing or do you not know where to find it? Check the help for each document. We will discuss what the office can obtain for you and what you still need to provide yourself.
Where can I find this?
Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.
Where can I find this?
Search in your deed folder, Izimi or Mijn akten. Cannot find the deed? Provide the address, estimated date and possibly the previous notarial office; we will see how to request a copy.
Where can I find this?
Provide the complete version with date, attachments and later amendments. Do you not have this document or do you not know if it exists? Select “Help needed” and discuss it with the office.
Where can I find this?
Request the document from your bank or download it from your own online banking environment. State the date and file reference. Provide statements, never passwords or access codes.
Where can I find this?
Provide the full text and any amendments. Look in your deed folder or Mijn akten. Not everything is digitally available; if necessary, indicate which office drafted the deed.
These check marks only remain on the opened page and are not sent to the office.
Open the checklist: ready, need help or not applicableWhat does the notaire do and investigate?
- Do you live together factually or legally?
- Who owns the property and which payments are demonstrable?
- Which agreements are valid and enforceable?
- Besides the contract, is a will or other protection necessary?
We agree on which searches the office will conduct and which information you, your bank or another expert will provide.
What should I pay attention to before I sign?
Check ownership shares, repayment of own funds, monthly contributions and the arrangement when one partner leaves. A cohabitation contract does not replace a will.
Is a passage still unclear? Feel free to ask for an explanation with an example from your own situation. Only sign when you understand what you are agreeing to.
What else must I arrange afterwards?
Keep proof of payments and adjust agreements upon a purchase, birth, marriage or breakup. Check together who receives the payout of your insurances.
Which practical tips can help me?
A transfer for renovations does not automatically make you a co-owner. Establish in advance what that payment entails.
What do these words mean?
- Factual cohabitation
- Living together without a declaration of legal cohabitation.
- Legal cohabitation
- Living together after a declaration at the municipality, with legal rights and duties.
- Own contributions
- Money or goods that one partner brings in separately.
Where can I find more explanation or help?
You do not have to phrase your question in legal terms. Tell what concerns you, what you want to arrange and if an important date is approaching.
We will look together at the next step. We agree in advance on how the office will assist you and what costs are involved.
Ask your question to the officeMake an AppointmentGeneral explanation for your preparation. The rules and documents that apply to you are determined based on your file.
On this page
What happens if you arrange nothing extra?
YOUR STARTING POINT
Factual cohabitants do not automatically inherit from each other. Many years of living together do not change that by themselves. Being treated as partners for tax purposes does not mean you inherit from each other.
More points to consider for your own situation
You want to be able to stay in the home
In a joint purchase, your own share remains yours. The share of your deceased partner is inherited according to their arrangements. Without a will or other provision, for example, your partner's children can become co-owners.
If the home is fully owned by one partner, the other has no inheritance right to that home through cohabitation alone. A rental property requires a separate check of the rental agreement and applicable rental rules.
You want your partner to receive something
With a will, you can leave your partner a good, amount or right. The reserved portion of any children limits what is possible. The person who made the will can generally later change or revoke it themselves.
Also consider savings and income. Being able to stay in the home alone is not always sufficient to continue life financially.
You want clarity about what belongs to whom
A cohabitation agreement can set out arrangements regarding expenses, ownership and the settlement if you separate. Proof of personal contributions and repayments remains important.
This agreement does not replace a will. Also, jointly purchasing a home does not automatically make you heirs of each other.
If you separate: no automatic half of everything
Each party generally retains their own property. Joint property must be divided according to ownership rights, with any proven mutual claims. The fact that you paid for all the groceries for years does not automatically make you co-owner of your partner’s home.
A hypothetical example: each of you owns half of a property, but one partner made a larger personal contribution. The deed of ownership and agreements concerning that contribution must be read together. A larger amount paid does not automatically alter ownership shares; there may, however, be a settlement issue.
Discuss who will live there, how the value will be determined and how the loan will be taken over or repaid. A right of accrual does not necessarily end by the breakup. Wills and mandates should also be reconsidered separately.
If your partner dies: keep ownership and inheritance law separate
Your own share remains yours. Your partner’s share goes to their heirs without additional arrangements. These may be children or relatives. As a result, they may become involved with you in decisions about sale or division of the property.
A will can grant your partner rights but remains revocable in principle and must take into account reserved portions. Under certain conditions, a right of accrual may offer an alternative route, with its own restrictions and costs. Therefore, do not only compare who may remain living there but also who may sell later and what children ultimately receive.
What can you arrange yourself?
YOUR CHOICES
Which choice helps you achieve what you want? That also depends on your existing agreements and the rights of your partner, children or others.
I want to favour my partner with a will
Does this suit your question?
You want to specify for yourself what your partner receives upon your death.
What changes?
Within the legal limits, you can assign, for example, usufruct, full ownership or a sum of money.
What requires attention?
Your partner can later amend their own will. Also check whether the arrangement is feasible alongside the rights of any children.
View the possibilities of a will →We want to have our deed of ownership reviewed
Does this suit your question?
You want to understand what happens to the property on death or separation.
What changes?
A notaire can verify what protection your purchase deed already contains and whether another arrangement, such as a suitable right of accrual, can be examined.
What requires attention?
A right of accrual is not a standard solution. Among other things, equal chances of survival, financing, tax consequences and exit options must be assessed.
View right of accrual for real estate →We are considering legal cohabitation or marriage
Does this suit your question?
You want to ascertain whether another legal status better aligns with your intention.
What changes?
Legal cohabitation and marriage each confer their own set of rights and obligations.
What requires attention?
Do not choose solely based on an inheritance tax rate. Ownership, debts, children and consequences upon separation should also be included in the comparison.
Compare the starting points →A HYPOTHETICAL EXAMPLE
Two partners each bought half of a property. One partner has a child from a previous relationship. Without additional arrangements, that child generally inherits their parent’s share. The other partner retains their own half but does not automatically get the other half. The purchase deed and any wills also determine which protection already exists.
What do I ask the notaire?
You do not need to memorise these terms. Bring the questions that suit you. Feel free to ask to see the answer with your own home, your money and the people you want to protect.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
What happens to our property if one of us passes away?
Have your own share and your partner’s share explained separately.
Do I get my extra contribution back if we separate?
Bring the purchase deed and payment proofs. Paying more does not automatically create a larger ownership share.
Which arrangement allows my partner to stay living or move out later?
Compare the rights needed with what is already in your deeds.
Who may sign for me if I can no longer do so myself?
Cohabitation does not confer general power of representation.
Frequently Asked Questions
Are we automatically legally cohabiting after a number of years?
No. Legal cohabitation requires a declaration at the municipality. For certain tax benefits, periods of factual cohabitation and a joint household do apply. This is a different assessment than under civil inheritance law.
Can we help each other through an extrajudicial protection mandate?
Yes, within the powers of a validly drawn up and timely registered extrajudicial protection mandate. Cohabitation alone does not give a general mandate for all banking or real estate transactions.
Bring this to your consultation
- Your purchase deed or lease agreement.
- Your wills and any cohabitation agreement.
- Evidence of own contributions, loans and renovations.
- Information about children and any previous relationships.
Frequently Asked Questions
FROM READING TO PREPARATION
Already a first answer.
Must I first find all the documents?
You can already ask your question with what you have. Note which agreements you remember and what has changed since. Using the checklist on this page, you can see what to gather and what still needs to be discussed with the office.
How do I prepare a conversation with my relatives?
First explain what you want to achieve or avoid. Give everyone space to express expectations and practical limits. Note what you agree on and which questions remain open, so that the conversation also takes into account who bears the consequences.
What if I am unsure between different solutions?
Write down for each option what you hope to achieve and what you do not yet understand. Bring existing documents. The consultation is meant to compare possibilities and consequences with your own situation before making a choice.
EASY PREPARATION
Your checklist: cohabitation agreements
Which documents do you prepare, where do you find them and when can the office assist? Indicate what you have and where you need support.
Useful websites on this topic
RELIABLE CONTINUED READING
FROM FIRST QUESTION TO NEXT STEP
You do not have to figure it out alone.
First your situation
Explain what is happening, who is involved and what you want to avoid.
Weighing possibilities
We discuss your questions, the available documents and the consequences of possible choices.
Your Next Step
We record what you want to have prepared and what follow-up is appropriate.
You save this for your own consultation. The office does not receive anything via this button.