Camille Van Vyve

15 Jul 2025

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Marital property regimes in Belgium: how do they affect your assets?

Choosing a marital property regime is a key financial decision that shapes how your assets are managed and divided during your relationship—and in the event of a breakup. In Belgium, couples—married or not—have several options. Understanding these legal frameworks is essential for protecting your financial interests and optimizing your wealth planning. In this article, we explore Belgium’s main marital regimes and their concrete impact on your personal wealth.

What are the different marital regimes in Belgium?

1. The default legal regime (community of property)

This regime automatically applies to all married couples who haven’t signed a specific marriage contract. It defines three asset categories:

• Personal property: Assets owned before marriage, received as gifts or inheritance, or with a personal character.
• Community property: All income earned during the marriage, assets acquired during the marriage, and returns on personal property.

Each spouse manages their personal assets freely, but important decisions regarding jointly held property typically require both spouses’ agreement.

2. Full separation of property

This regime requires a notarized marriage contract and establishes a strict division of ownership:

• Each spouse retains full ownership of assets acquired before or during the marriage.
• Each spouse manages and disposes of their property independently.
• Debts incurred by one spouse do not affect the other, except in specific legal cases (e.g., tax or household debts).
• Couples may jointly own property (typically split 50/50).

“This regime offers great financial independence but can lead to imbalances if one spouse has significantly lower income,” explains Julien Limet, estate planning lawyer at Tetralaw.

In Wallonia, a common way to address this is by adding a jointly owned asset company—‘société d’acquêts’—to the separation of property regime. This allows couples to pool assets they choose to share, regardless of who paid for them. In Flanders, the preferred approach is often regime 3 below.

3. Separation of property with participation in accrued gains

This hybrid regime offers financial autonomy during marriage and fairness at its end:

• During the marriage: Functions like full separation of property.
• At the end of the marriage: A compensation mechanism allows the spouse who accumulated fewer assets to claim a share of the other’s increase in wealth.

This model protects individual autonomy while ensuring equity in case of dissolution.

4. Legal cohabitation

Legal cohabitation provides a structured alternative to marriage or informal living arrangements:

• Limited protection of the family home
• Proportional contribution to household expenses
• Default separation of property
• Joint liability for household debts

Partners can formalize some financial arrangements by contract, but cannot create a community of property like married couples.

5. De facto cohabitation

This is the least regulated form of union in Belgium:

• No shared property by default
• No legal obligation to contribute to household expenses
• No protection for the family home
• No joint liability for debts

Each partner retains exclusive ownership of their assets. This can be problematic when jointly acquired assets must be divided.

Personal vs joint property across regimes

• Personal property: Owned solely by one spouse or partner, and not divided in case of separation.
• Community property: Shared equally between spouses in the legal regime and divided upon dissolution.
• Jointly held property (indivision): Applies to assets jointly purchased by unmarried or legally separated individuals. Ownership is typically split based on each party’s financial contribution.

⚠️ Note: Community property arises automatically from marriage under the default regime, while joint ownership results from deliberate shared purchases.

How regimes affect your assets during the relationship

Inheritance consequences of each regime

1. Married couples (legal or separation of property)

• Usufruct over all estate assets (including personal property)
• Right to remain in the family home and use its furnishings
• Usufruct continues over any assets gifted by the deceased with reserved usufruct during the marriage

Children generally inherit the estate in bare ownership.

2. Legal cohabitation

• Usufruct of the family home and its furnishings
• No rights to other assets
• Continued usufruct if the family home was gifted with usufruct by the deceased

3. De facto cohabitation

• No legal inheritance rights without a will
• The estate is fully passed to legal heirs

Important note: no matter the regime, it is possible to structure your estate via marriage contracts, wills, or gifts—within the legal inheritance limits of the surviving spouse and children.

Marital and cohabitation regime comparison chart

Marital property regime: a strategic choice

Choosing a marital property regime or cohabitation type is a strategic decision that should reflect your personal, professional, and financial situation. It is highly advisable to consult a notary or lawyer for tailored advice before making a decision.

“The right regime can help you protect your wealth and ensure your family’s financial security during your relationship and in case of separation or death,” says Julien Limet.

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