Home division after a breakup: what does your relationship status mean?

A separation or breakup is emotionally heavy. That is exactly why it helps to know soberly how the division of the home works legally, so you are not caught off guard. In Belgium, there are three relationship statuses, and each gives you a different set of rights and obligations regarding the home.

The three statuses are: being married, legally cohabiting (with a declaration at the municipality), and de facto cohabiting (simply living together under one roof, without registration). The difference between these three is significant. Where a married couple has a comprehensive protection system, a de facto cohabiting couple is legally almost empty-handed if nothing is on paper.

One common thread runs through all situations: who is on the deed of ownership, and in what ratio, almost always weighs more heavily than the feeling of "we built this together." That is why we calmly walk through each relationship status.

If you are married, your marital regime determines how the home is divided. Those who marry without a prenuptial agreement automatically fall under the legal regime. In that regime, each partner keeps their own assets from before the marriage, but what you acquire during the marriage with income from work is in principle joint property. A home that you bought together during the marriage therefore usually falls into that joint estate and is divided between the two of you upon separation.

If you chose a separation of property regime with your notary, it is different. Then there is no joint estate: each partner owns and manages their own assets. If you did buy the home together, you are in co-ownership according to the ratio in the deed, for example, each half. Upon separation, you must then exit that undivided co-ownership.

In a divorce, the court appoints a notary-liquidator who handles the liquidation and division of the assets under court supervision. That notary calculates who is entitled to which share and how the home is handled: selling and dividing the proceeds, or one of the two buys out the other.

Legal cohabitation arises by jointly making a declaration at the municipality. It is therefore more than de facto cohabitation, but it gives you less far-reaching protection than marriage. On the asset front, the basic rule is clear: each partner keeps their own assets, income, and debts. No joint estate arises as often in marriage, and there is therefore no automatic division of assets upon a breakup.

Yet there is one important exception that reassures many people: the family home is protected. As long as the legal cohabitation lasts, neither partner may sell, give away, or rent out the family home alone, even if they are the sole owner. Decisions about the family home must be made together, just as with married couples.

What you bought together is only joint property if that is stated in the deed of purchase. Upon a breakup, you end the legal cohabitation via a declaration at the municipality, and you divide the joint assets according to each person's share. Options include: selling together and dividing the proceeds, one partner buying out the other, or temporarily remaining in undivided co-ownership with clear agreements.

De facto cohabitation is the most common and the least protected form. You simply live together, without a declaration at the municipality and without marriage. Legally, there are no mutual rights and obligations as with married couples. There is no protection of the family home: if the home is solely in the name of one partner, that partner can in principle freely dispose of the home, even if the other lives there too.

For the division, only one thing counts here: what is in the deed of purchase. If you bought the home together, each for half, then each is half owner and each retains their share upon a breakup. If one of you actually paid more, but the deed still says each half, that contribution is legally difficult to reclaim without evidence or separate agreements.

Precisely because the protection is so limited, de facto cohabiting partners would do well to record agreements, for example in a cohabitation agreement. In it, you can arrange who contributed how much and what happens to the home if you separate. Without such agreements, you fall back entirely on the bare letter of the deed.

In all three relationship statuses, the same element returns: the deed of purchase and the ownership ratio stated therein. That deed is the official proof of who is owner and for what share. In a separation, it is often the starting point for the entire division.

If you are both on the deed, you are co-owners in the stated ratio. To allocate the home entirely to one person, you must exit the undivided co-ownership. In such an exit from undivided co-ownership, in the Flemish Region a division duty of 2.5% is in principle due. For ex-spouses and ex-legally cohabiting partners who legally cohabited for at least one year, a reduced rate of 1% applies under conditions. The Brussels and Walloon Regions have their own rates and rules, so always have your situation calculated by your notary.

A classic sale to a third party follows a different fiscal logic than a buyout between ex-partners. Which path is most advantageous for you depends on your region, your relationship status, and the exact figures of your case. That is precisely why a conversation with your notary is not a luxury but a necessity.

This guide gives you a clear overview, but does not replace personal advice. Every situation is different: the marital regime, the date of purchase, each person's contribution, any loans, and the ownership ratio in the deed all play a role. For the legal and fiscal side, it is best to present your file to your own notary, and where necessary to a lawyer or accountant.

If you ultimately want to sell the home, you face the choice between the classic route via a real estate agent or a sale to a home buyer who takes over quickly and certainly. Each approach has pros and cons in terms of price, speed, and certainty. We are a neutral comparator: we do not buy homes ourselves, but help you compare home buyers side by side so you can calmly choose what fits your situation.

In short: first know where you stand legally, then decide about the sale. That way you maintain control during a difficult time.