Can we live together legally without marrying? How is legal cohabitation different from marriage?
In short
Yes. You can register a legal cohabitation by making a written declaration at the municipality. It protects the home and covers shared costs, but inheritance and maintenance rights are much more limited than in a marriage.
Video transcript
You live with your partner without being married. Without marriage we have no rights, you think. Allowed: Two unmarried people can register a legal cohabitation with a written declaration at the municipality. The family home and shared costs are protected. The right way: Make a written declaration at the municipality of your shared address. For property and maintenance, sign a cohabitation contract at a notary. Difference from marriage: Penalty: None; Maintenance after break-up: No legal right; If your partner dies: Only usufruct of the home.
What is not allowed, what is required?
- Two people who are not married, not already in a legal cohabitation with someone else and legally able to enter into contracts can register a legal cohabitation (wettelijke samenwoning / cohabitation légale). Gender and family ties do not matter.
- You make a written declaration at the municipality where you share an address. The legal cohabitation begins as soon as the declaration is entered in the population register.
- Neither of you may sell or mortgage the family home without the other's consent. You both contribute to the costs of living together according to your means. You are both liable for debts incurred for the household (except debts that are excessive in relation to your income).
- Each partner keeps what they can prove they own; property whose ownership cannot be proved is jointly owned. Any other arrangements must be made in a cohabitation contract drawn up by a notary.
- If one partner dies, the survivor only receives the usufruct of the family home and its contents. The survivor has no reserved share, so this right can be restricted or extended by will. A spouse has wider inheritance rights.
- Legal cohabitation ends on marriage, death, or a joint or unilateral declaration at the municipality. The municipality has a unilateral declaration served on the other partner by a bailiff within 8 days; the person making the declaration pays the costs.
Penalty and indirect consequences
- Fine / payment
- No penalty.
- Court / prison
- No prison sentence.
What really matters: the indirect consequences
- After a break-up there is no statutory right to maintenance, but a notarial contract can provide for it.
Legal basis:Wikifin – Huwelijk, wettelijk samenwonen of feitelijk samenwonen
- A legal cohabitation entered into solely to obtain a right of residence is invalid and can be a criminal offence.
Legal basis:Oud BW art. 1476bis
- To bring a foreign partner to Belgium through family reunification, you must also prove a stable relationship: at least 1 year of living together, or having known each other for 2 years and met 3 times for a total of 45 days, or having a child together.
Legal basis:Vreemdelingenwet art. 10 §1, 6° b)
Why does this rule exist?
The rule gives unmarried couples who live together a minimum level of protection: the family home cannot simply be sold, and costs and shared debts are split. But it does not impose all the effects of marriage.
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
- 13 / 13 statements in an official source
- Checked: 18.10.2026
- Last checked
- 18.10.2026
- Rules can change
Show the 13 checked statementsopen
- Found in an official source
Şartlar: evli değil, başka yasal birlikte yaşama yok, sözleşme ehliyeti (Oud BW md. 1475 §2)
Oud BW art. 1475 §2 - Found in an official source
Cinsiyet ve akrabalık fark etmez
Wikifin (FSMA) – Wettelijk samenwonen - Found in an official source
Ortak adresin belediyesine yazılı beyan; nüfus kaydına işlenince başlar (md. 1476 §1)
Oud BW art. 1476 §1 - Found in an official source
Aile evi koruması, giderlere katkı, ortak borç (md. 1477 §2–§4)
Oud BW art. 1477 - Found in an official source
Aile evi diğerinin izni olmadan satılamaz/ipotek edilemez
Notaris.be – Wettelijk samenwonen - Found in an official source
Mallar: kanıtlayan sahibidir, kanıtlanamayan ortak; sözleşme noterde (md. 1478)
Oud BW art. 1478 - Found in an official source
Hayatta kalan partner: aile evi ve eşyaların intifası (BW md. 4.23 §1; eski md. 745octies 1.7.2022'de kaldırıldı)
BW Boek 4, art. 4.23 §1 - Found in an official source
Saklı payı yok; vasiyetle daraltılabilir/genişletilebilir
Wikifin – Wettelijk samenwonen - Found in an official source
Bitiş: evlilik, ölüm, ortak/tek taraflı beyan; belediye 8 gün içinde icra memuruyla bildirir (md. 1476 §2)
Oud BW art. 1476 §2 - Found in an official source
Tebligat masrafı tek taraflı beyan edene ait
Notaris.be – Het einde van de wettelijke samenwoning - Found in an official source
Kanuni nafaka yok, sözleşmeyle öngörülebilir
Wikifin – Huwelijk, wettelijk samenwonen of feitelijk samenwonen - Found in an official source
Yalnız oturum avantajı için yasal birlikte yaşama geçersiz (md. 1476bis)
Oud BW art. 1476bis - Found in an official source
Aile birleşimi: istikrarlı ilişki kanıtı (Vreemdelingenwet md. 10 §1 6° b)
Vreemdelingenwet art. 10 §1, 6° b)
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?