If we do not make a marriage contract when we marry, what happens to our property?
In short
A contract is not compulsory. Without one, the legal regime applies: what you earn during the marriage is joint property, while what you owned before the marriage and any inheritances remain personal.
Video transcript
You're getting married. You've never thought about a marriage contract. Allowed: A contract is not compulsory. Without one, the legal regime applies: what you earn during marriage is joint; earlier property and inheritances are personal. The right way: If you want separate property, sign a contract at a notary; you can change it during the marriage too. Married abroad? Ask a notary. Good to know: Penalty: None; Debts for joint costs: You may be liable too; Divorce and inheritance: Split depends on regime.
What is not allowed, what is required?
- If you do not make a marriage contract (huwelijkscontract / contrat de mariage), the legal matrimonial property regime (wettelijk stelsel / régime légal) applies automatically.
- Under the legal regime, each spouse has personal property: what they owned before the marriage, plus gifts and inheritances received during the marriage.
- Wages, rent and interest earned during the marriage, and property bought during that time, are joint property. When one spouse dies, half of the joint property becomes part of the deceased spouse's estate.
- If you want separation of property (scheiding van goederen / séparation de biens), you must draw up a contract with a notary. You can also change the contract during the marriage, again through a notary.
- If you married abroad before coming to Belgium and did not choose which law applies, the law of the country where you first lived together after the marriage usually applies. Ask a notary about your situation.
Penalty and indirect consequences
- Fine / payment
- No penalty.
- Court / prison
- No prison sentence.
What really matters: the indirect consequences
- You can be held liable for debts your spouse took on for shared expenses
Legal basis:Wikifin – Trouwen: financiële gevolgen
- On divorce or death, the division of property can turn out very differently depending on your matrimonial property regime
Legal basis:BW Boek 2, art. 2.3.12 §2, 2.3.50 §1
- Not knowing which regime you are under can cause problems when you buy a home or take out a loan
Why does this rule exist?
The rule makes sure property built up together during the marriage is shared fairly. It also protects the spouse who works at home or earns less.
Where can you go?
- Violence helplineFlanders 1712 (weekdays 09–18) · Wallonia and Brussels 0800 30 030 (partner violence), 103 (child abuse) · Emergency 112
- Child and family servicesFlanders: Kind en Gezin / Opgroeien · Wallonia and Brussels: ONE
- School guidance centreThe school's CLB / centre PMS
- Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.
This site does not handle individual cases; it points you to the right service. All help addresses
Source and reliability
Official source- Source check
- 8 / 8 statements in an official source
- Checked: 13.10.2026
- Last checked
- 13.10.2026
- Rules can change
Show the 8 checked statementsopen
- Found in an official source
Sözleşme yoksa yasal rejim (gemeenschap) uygulanır
Wikifin (FSMA) – Trouwen: financiële gevolgen - Found in an official source
Kişisel mallar: evlilikten öncekiler, evlilikte bağış ve miraslar
Wikifin – Trouwen: financiële gevolgen - Found in an official source
Evlilikte gelirler ve alınan mallar ortak
Wikifin – Trouwen: financiële gevolgen - Found in an official source
Ölümde ortaklığın yarısı + kişisel mallar mirası oluşturur
Notaris.be brochure 'Erven' 2026, p. 11 - Found in an official source
Mal ayrılığı noterde sözleşmeyle; sonradan değiştirilebilir
Wikifin – Trouwen: financiële gevolgen - Found in an official source
Hukuk seçimi yoksa evlilikten sonraki ilk ortak mutad mesken hukuku (29.1.2019 sonrası evlilikler: AB 2016/1103; öncesi: WIPR md. 51)
Verordening (EU) 2016/1103 art. 26(1) ve art. 69(3); Wetboek IPR art. 51 - Found in an official source
Ortak giderler için alınan borçtan diğer eş de sorumlu tutulabilir
Wikifin – Trouwen: financiële gevolgen - Found in an official source
Sözleşme yoksa yasal rejim; ortak mal fazlası yarı yarıya bölünür
BW Boek 2, art. 2.3.12 §2, 2.3.50 §1
The checked statements are in Turkish, as in the source text. This check does not replace legal advice.
General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?