To the content
Notariaat Wellens
Menu
Two people at home in conversation

Notariaat Wellens

Living together, gifting or bequeathing

To content ↓
"Two adults can know the same facts and make different choices."
Paul Wellens

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?
  1. Discuss whether you are de facto or legally cohabiting and who owns which goods.

  2. Record contributions to the home, loan and household expenses.

  3. 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 applicable
What 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 Appointment

General explanation for your preparation. The rules and documents that apply to you are determined based on your file.

FIRST OVERVIEW

Your home, relationship and assets are connected. Start from what you want to achieve and what you still need for yourself. We review existing agreements before discussing possible changes.

  1. Start from your life situation

    See the explanation for singles, cohabitants and married couples.

    View the explanation and preparation
  2. Compare your questions

    Place side by side whether your question concerns today, later assistance or a death. That helps prepare the conversation.

    View the explanation and preparation
  3. Prepare for your appointment

    Bring existing deeds and your main questions. You do not need to choose an instrument beforehand.

    View the explanation and preparation
Image accompanying guidance by Notariaat Wellens

What do we record together?

You bring your question and the available documents. We discuss which information is missing, what needs to be investigated and who takes which step. Assignment, fee and timing are discussed in advance.

View my preparation

You save this for your own consultation. The office does not receive anything via this button.