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Notariaat Wellens

Cohabitation agreements

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YOUR PREPARATION · AGREEMENTS

Specific documents for your meeting. Indicate what is ready, where you need help, and what is not applicable.

Prepare what you already have. A missing document is no reason to postpone your first appointment. We will discuss what we can obtain for you.

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Which documents should I provide?

Declaration of legal cohabitation if applicable

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.

Status

To review

Deed of ownership or rental contract

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.

Status

To review

Proofs of contributions and payments

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.

Status

To review

Credit documents

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.

Status

To review

Existing agreements and wills

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.

Status

To review

What do we record?

We examine the documents and legal implications. You do not need to work out the arrangement yourself beforehand. We will agree on which missing documents we can request.

A check mark means you have prepared this item. It does not mean that the office has already checked the documents or that your file is complete.

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"Two parties left a conversation with a different memory of the same agreement."
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?
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.

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