Living with a homeowner in Belgium: rights and finances

The Short Answer

Living with someone who owns their home (e.g. partner, parent, family member) comes with legal and financial complexities:

• Limited or no inheritance rights (married: extensive rights, legal cohabitant: the usufruct of the family home and its contents, de facto cohabitant: nothing without a will)
• No property rights over the home (unless you are a co-owner, being registered at the address does not change that)
• Tax situations can become complicated
• On death: you can lose everything (without a will)
• Relationship breakdown = risk of eviction

This guide explains what your rights are, how to protect yourself, and what you need to know about taxation and inheritance law. It follows the rules that apply in Belgium, where your position depends above all on whether you are married, legally cohabiting or simply living together.

1. The Legal Situation - What Are Your Rights?

Scenario 1: Married to the Owner

You Have Rights!

• ✅ Legal inheritance rights (automatic)
• ✅ Protection of the family home: the owner cannot sell or mortgage it without your consent
• ✅ Protection under marriage law
• ✅ Pension splitting (on divorce)

On Death: You inherit automatically. A will can reduce your share, but not below your reserved share: the usufruct of half the estate, or of the family home and its contents.

Scenario 2: Cohabiting (Unmarried)

You Have Very few Rights!

• ❌ De facto cohabitant: no inheritance rights (without a will). Legal cohabitant: the usufruct of the family home and its contents, although a will can take this away
• ❌ No property rights
• ❌ De facto cohabitant: the family home is not protected, the owner can sell it without your consent. Legal cohabitant: the owner does need your consent
• ❌ On death: you can lose everything

This Is Risky!

Scenario 3: Living with a Parent or Family Member

Situation Dependent:

• Being registered at the address proves that you live there, but gives you no property or inheritance rights
• Without a gift, a will or an agreement, you have no rights to the property
• On inheritance: a child is a legal heir with a reserved share, other relatives inherit under the legal order of succession or a will

Warning: High risk without a will!

2. Legal Protection - What You Should Do

Option 1: Marriage (Maximum Protection)

This Provides Full Legal Protection:

• Automatic inheritance rights
• Protection of the family home (no sale without your consent)
• Pension splitting
• Tax advantages (as a married couple)

Costs: Notary €300-€600 (ceremony costs separate)

Timing: Months of preparation

Option 2: Cohabitation Agreement (Intermediate Protection)

This Covers:

• Arrangements for the family home (inheritance does not belong in this agreement, that requires a will)
• Property division
• Division of debts
• Household repayments
• On separation: clarity assured

Costs: Notary €500-€1,200

This Is the smart Solution for Unmarried Cohabitants!

Option 3: A Will (Essential!)

The Owner Must Draw Up a Will:

• Specifies who inherits what
• Can protect you (if desired)
• Clarity for heirs
• Prevents family disputes

Costs: Notary €200-€500

It is not a legal requirement, but it is strongly advisable if you are not married

Option 4: Property Transfer (Ultimate Protection)

The Owner Can Transfer the Property Fully or Partially to You:

• By gift: you become the owner
• By sale (formal): you buy a share
• By will: after death

Costs: Notary €1,500-€3,000 + gift tax

This Is Permanent Protection!

3. Inheritance Law - What Happens on Death?

This Is Important to Understand!

Scenario 1: Married, No Will

Legal Order of Succession:

1. Partner (you), if there are children: the usufruct of the whole estate, including the property. You may stay there or let it.
2. Children: the bare ownership (divided)
3. No children: you inherit the joint marital property in full ownership and the usufruct of your partner's own property, other heirs such as parents, brothers and sisters receive the bare ownership of it

You Inherit Automatically!

Scenario 2: Unmarried, No Will

Legal Order of Succession:

1. Children: 100% of the property (alongside a legal cohabitant: the bare ownership of the family home)
2. Parents together with brothers and sisters: (only if there are no children)
3. More distant relatives: (only if there are no children, parents, brothers or sisters)
4. You as a de facto cohabitant = Nothing! ❌ A legal cohabitant inherits the usufruct of the family home and its contents.

As a de facto cohabitant you inherit nothing without a will

Warning: This Is Extremely Risky!

Scenario 3: Will in Place

The Will Decides Everything:

• "I leave my property to my partner"
• "I leave my property to my children"
• "I leave my property to my brother"
• Etc.

A will takes precedence over the legal order of succession, but children and a spouse keep their reserved share

4. Practical Scenarios - What Can Go Wrong?

Scenario 1: Partner Dies, No Will, Unmarried

Situation:

• You have lived with your partner for 10 years
• Partner dies (no will)
• Partner had a child from a previous relationship

Legal Order of Succession:

• Child: 100% of the property
• You: 0% (you are neither married nor legal cohabitants, a legal cohabitant would inherit the usufruct of the family home and its contents)

Consequence:

• The heir child can evict you from the home
• You are left homeless
• All of the partner's assets go to the child

This Is a nightmare!

Scenario 2: Partner Dies, Will in Place, Unmarried

Situation:

• You have lived with your partner for 10 years
• Partner dies (With a will!)
• The will states: "I leave everything to my partner"

Consequence:

• You inherit everything (property, money, possessions), unless your partner has children
• Children can claim their reserved share: together half of the estate
• The will protects you, but your partner can change it unilaterally at any time

This is much safer, but not a full guarantee

Scenario 3: Parent Dies, You Live with Them

Situation:

• You (an adult) live with a parent
• The parent dies without a will
• The parent had other children

Legal Order of Succession:

• All children (equally): 100% of the property
• You: depends on whether you are a child of the deceased

Consequence:

• Other children can ask for the estate to be divided (nobody can be forced to remain in joint ownership), which can lead to a sale
• You must move out
• You lose your home

High Risk!

5. Taxation - Do You Have to Pay Tax?

This Depends on the Situation.

Scenario 1: You Live There and Pay Rent

Tax Situation:

• Tenant pays rent (normal situation)
• Owner receives rental income (taxable)
• No inheritance tax (you are not inheriting)
• No property taxes

This Is a Normal Rental Situation!

Scenario 2: You Live There Free of Charge (or Partially)

Tax Situation:

• Owner: may have a "benefit in kind" (taxable in some cases)
• You: may benefit from tax advantages (housing cost deduction)
• Income tax: depends on the situation

This Can Be More Complex!

Scenario 3: You Inherit the Property (On Death)

Taxation:

Inheritance tax:

• Partner inherits (married, legally cohabiting, or living together in one household for at least 1 uninterrupted year on the date of death): in Flanders 3% up to 50,000 euros, 9% up to 250,000 euros and 27% above. The partner's share in the family home is exempt, for unmarried partners who are not legal cohabitants only after at least 3 years of living together. In Brussels and Wallonia, an unmarried partner who is not a legal cohabitant pays the much higher rates for others.
• Child inherits: in Flanders 3% up to 50,000 euros, 9% up to 250,000 euros and 27% above
• Unrelated person inherits: High, in Flanders 25% up to 35,000 euros, 45% up to 75,000 euros and 55% above

Example:

• You (unrelated, inheriting under a will): property in Flanders worth €300,000
• Inheritance tax (25%, 45% and 55%): €150,500
• You receive net: €149,500

This Is Significant!

Scenario 4: You Receive a Gift of the Property (During the Owner's Lifetime)

Taxation:

Gift tax:

• There is no annual exemption
• Partner (married, legally cohabiting or living together for at least 1 year) or child, in Flanders: 3% up to 150,000 euros, 9% up to 250,000 euros, 18% up to 450,000 euros and 27% above. Others pay 10% to 40%.

Example:

• Partner gifts property worth €400,000
• No exemption, the bands apply from the first euro
• Gift tax on €400,000: €40,500

This Is Considerable!

6. Practical Measures - How to Protect Yourself

Measure 1: Have a Will Drawn Up (Partner/Owner)

The owner must:

1. Contact a notary
2. Draw up a will
3. State: "I leave my property to [your name]"
4. Sign officially

Costs: €200-€500
Timing: 1-2 weeks

This Is the Most Critical Step!

Measure 2: Draw Up a Cohabitation Agreement

The two of you:

1. Contact a notary
2. Draw up the agreement
3. Cover: property, the family home, debts (inheritance is arranged by will)
4. Sign officially

Costs: €500-€1,200
Timing: 2-3 weeks

This Provides Certainty!

Measure 3: Official Address Registration

Make Sure You:

1. Are registered at the property address (municipal administration)
2. This gives no property or inheritance rights, but it proves that you live there
3. Proof of residence

Costs: Free
Timing: 1 day

Measure 4: Written Agreements

Even Without a Notary:

• Draw up written agreements
• State what you pay and what you receive
• Both parties sign
• Keep a copy

Signed agreements bind you both, but they give you no property or inheritance rights over the home

Measure 5: Insurance

Life Insurance:

• Partner takes out a policy for a certain amount
• On death: you receive the payout
• This covers inheritance tax, notary costs

Costs: €20-€50/month
This Is smart!

7. If Relationship Problems Arise - What Happens?

Scenario 1: Separation/Break-up (Unmarried)

Without an Agreement:

• The owner can evict you
• You have no property rights
• You can quickly find yourself homeless

With a Cohabitation Agreement:

• The agreement determines what happens
• Possible compensation
• Transition period (sometimes)

That Is why an Agreement Is Essential!

Scenario 2: Divorce (Married)

With Marriage:

• Legal protection
• Pension splitting
• Property division (complex)
• Notary/court decides

This Is Much Better Protected!

Scenario 3: Conflicts with Family (Parent)

If You Live with a Parent:

• No automatic rights
• The parent can evict you
• No legal protection (without a will)

This Is Risky!

8. Practical Tips - How to Proceed

Tip 1: Talk About a Will

A difficult subject, but essential:

• "What happens if you die?"
• "Do you want me to inherit your property?"
• "Should we put it in a will?"

This Brings Clarity!

Tip 2: Draw Up the Will/Agreement as Early as Possible

Do not wait until:

• Illness
• A crisis
• An argument

Acting early = avoiding stress!

Tip 3: Make Sure You Are Officially Registered

• Make sure you are registered at the address (municipality)
• This gives no property or inheritance rights, but it proves that you live there
• Proof of residence

Free, but Important!

Tip 4: Keep Track of Payments

• Make sure rent payments are traceable
• Bank transfers (not cash)
• This proves your contribution

This Could Be Useful Later!

Tip 5: Seek Legal Advice

• Consult a notary or lawyer
• Explain your situation
• Get tailored advice

Costs: €100-€300 consultation
This Could Save You Thousands Later!

9. Special Situations

Situation 1: Parent and Adult Child (in the Same Home)

Risks:

• The child has no rights
• The parent can evict the child
• On inheritance: a child is a legal heir with a reserved share

Solution:

• Draw up a will
• Register the child
• Possibly transfer part of the property

Situation 2: Partner with Children from a Previous Relationship

Risks:

• Children have inheritance rights
• The partner can protect you (by will)
• Conflicts after death are likely

Solution:

• Very specific will
• Possibly a cohabitation agreement
• Clear distribution of the estate

Situation 3: Live-in Carer (Parent/Sick Person)

Situation:

• You care for the owner
• The owner is ill or elderly
• You expect to inherit

Risk:

• The owner can change their will
• Family can challenge it
• No guarantees

Solution:

• Have the will drawn up now
• Written agreements
• Possibly a partial transfer of the property

10. Summary: Living with a Homeowner

Key Points:

1. No automatic inheritance rights (unless married or legally cohabiting)

• De facto cohabitants: no inheritance rights. Legal cohabitants: the usufruct of the family home and its contents
• Married partners: legal inheritance rights
• Children: legal heirs with a reserved share. Other relatives: under the legal order of succession or a will

1. A Will Is Essential

• Without a will: a de facto cohabitant inherits nothing
• With a will: you are protected
• Costs: €200-€500 (very affordable!)

1. A Cohabitation Agreement Is smart

• Does not cover inheritance rights (that requires a will)
• Covers property
• Prevents problems
• Costs: €500-€1,200

1. Inheritance Tax

• Partner/Child: 3% to 27% (Flanders)
• Unrelated person: 25% to 55% (Flanders)
• Gift of a home to a partner or child: 3% to 27% (Flanders)

1. If Problems Arise:

• No agreement = you have no rights
• With an agreement = you are protected
• A notary is your best friend!

1. Practical Measures:

• Will (owner)
• Cohabitation agreement (both parties)
• Official address registration
• Traceable payments
• Legal advice

Golden Rule: Will + Agreement = No Problems. Nothing at All = Plenty of Risks!

Next Step

Living with someone who owns their home?

1. Talk about a will
2. Seek legal advice
3. Draw up a will or agreement
4. Make sure you are officially registered
5. Make sure your payments are traceable

Good luck!