Rental home and occupancy compensation during a divorce: who may stay?

As long as the divorce is ongoing, a practical solution for housing must be found. Often this works out through mutual agreement: one stays, the other finds a new place. If agreement is not possible, the justice of the peace can impose a temporary arrangement about who may stay in the home.

The justice of the peace looks at the concrete situation. Are there children and where will they stay most? Who needs the home most? What is feasible for both parties? It is about a fair interim solution until everything is definitively settled, not a punishment or reward.

Important: staying does not automatically mean the rent no longer has to be paid. If both of you are on the contract, you remain jointly liable to the landlord, even if only one of you lives there. Therefore, make clear agreements about who bears the rent as long as the situation lasts.

If the partner who stays wants to live in the home in their own name, a takeover of the lease is often the neat solution. The departing partner is then removed from the contract and the other partner rents alone. This does not happen automatically: the landlord must agree, because they get a new situation with one tenant instead of two.

If neither wants to stay in the rental home, the contract can be terminated according to the notice rules in the agreement and in rental legislation. Pay attention to the notice period and any termination fee, as these can involve costs. With a joint termination, you settle the matter together and avoid being approached later.

• Discuss the takeover or termination with the landlord in good time.
• Put every agreement in writing to avoid later disputes.
• Arrange the transfer of the rental deposit, as it is often in both names.
• Do not forget the meter readings, the EPC, and the interim statement.

An occupancy compensation mainly plays a role in a jointly owned home, not so much in a rental home. Suppose you bought a home together and one of you stays there until the sale or the final division. Then that person enjoys an advantage: they live there, while the departed partner remains co-owner but does not use it.

To correct that, an occupancy compensation can be agreed or imposed. The remaining occupant then pays a fee for the exclusive use of the joint home during the undivided co-ownership. This way, both parties contribute fairly, and one does not benefit from the shared property alone.

The amount of such compensation depends on the home, the market value, and the specific agreements. If you cannot agree, the justice of the peace or the notary can play a role. Every situation is different, so have your notary or lawyer guide you for a calculation that is correct.

Often the jointly owned home is eventually sold so that both parties get their share and can move on. As long as that sale is not completed, the undivided co-ownership continues and the discussion about housing, costs, and any occupancy compensation remains relevant. A smooth sale often removes a lot of tension.

Besides a sale through an estate agent, there is another way. If you want to sell the home quickly and without a long sales period, you can sell it directly to a home buyer. With us, you compare Belgian home buyers who purchase your home directly with a fixed, no-obligation offer. This way, you know where you stand quickly and can draw a line under the shared home together.

We do not give legal, tax, or notarial advice. For the handling of the sale, the division, and the tax side, your notary and your lawyer remain the right people to talk to. The offer from a home buyer is there to give you a clear, fast option when selling is the most peaceful outcome.