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Can I enter someone else's home without permission? If I have a key, is it an offence to enter my ex-partner's home?

In short

No. Entering a home where someone else lives without the permission of the people living there is an offence (level 2). Having a key does not mean you have permission.

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This rule in 65 seconds
Video transcript

You've split up with your ex. You still have the key, and your things are still inside. Not allowed: Entering a home where someone else lives without the residents' permission is a crime. Having a key doesn't mean you have permission. The right way: Agree beforehand and collect your things with permission. If you can't agree, the family court can take urgent, temporary decisions. Consequences (Level 2 offence): Prison: 6 months – 3 years; Threats, violence, weapon: 3 – 5 years prison; Custody case: Can be used against you.

What is not allowed, what is required?

  • Entering a house, flat or room where someone else lives, or any of its outbuildings, without permission, or occupying it or staying there, is a criminal offence (huisvredebreuk / violation de domicile; art. 348, level 2).
  • What matters under the law is the permission of the people who live there, not the owner's. Having a key does not mean you have permission.
  • If your ex-partner is living in the home after you have separated, do not go in without their permission. Arrange in advance when to collect your belongings.
  • If you cannot agree on who stays in the home, the family court (familierechtbank / tribunal de la famille) can make urgent, temporary orders; for example, it can order you to live apart.
  • If you use threats or violence, carry a weapon, or get in with a fake official order or a false identity, it is level 3 (art. 349).
  • Occupying an empty house, flat or building without permission is also a criminal offence (art. 350, level 1). Failing to comply in time with an eviction order for such an occupation is a separate offence (art. 351, level 1).

Penalty and indirect consequences

PENALTY NOTICECriminal Code, level 2
Fine / payment
Prison is a last resort; the judge can impose another penalty, such as community service. The victim can also claim compensation.

Legal basis:FOD Justitie – Hervorming Strafwetboek

Court / prison
Level 2: 6 months – 3 years in prison, or 1 month – 1 year of electronic monitoring, 120 – 300 hours of community service, or 12 months – 2 years of probation. With aggravating circumstances, level 3: 3 – 5 years in prison.

Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36

What does this level mean? Criminal Code, level 2: 6 months – 3 years in prison or an alternative sentence. All penalty levels →

What really matters: the indirect consequences

What do these terms mean?

Criminal record
The state register of convictions handed down by a court. The extract asked for a job, residence or nationality application comes from it. Municipal GAS fines are not entered in it.

All terms: glossary →

Why does this rule exist?

Everyone's home is their safe place. During a separation, entering the home without permission can cause fear and conflict. The rule protects the peace and safety of the person who lives there.

Where can you go?

  • Free first-line legal advice and pro deo lawyerA free or low-cost lawyer if your income is low
  • Justice HouseInformation and support for victims, accused people and convicted people (Justitiehuis / Maison de justice)
  • Emergency112 · Police 101
  • 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
13 / 13 statements in an official source
Checked: 22.10.2026
Last checked
22.10.2026
Rules can change
Show the 13 checked statementsopen

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?

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