Are you considering moving in together, entering into a registered partnership, or getting married? If so, it is important to carefully consider the different legal consequences in advance. In many cases, it is advisable to record arrangements in a notarial deed. Below, we have set out the key aspects to help you make an informed decision.
Marriage or registered partnership
From the moment you enter into marriage or a registered partnership, everything that is not (primarily) financed with private assets becomes jointly owned—unless you have entered into prenuptial or partnership agreements with a civil-law notary in advance. Gifts and inheritances are generally excluded from the joint property.
Cohabitants
There is no (limited) community of property. When acquiring assets, or through a notarial cohabitation agreement, you determine which assets are or will become jointly owned.
Marriage or registered partnership
Your partner is not automatically liable for debts you incurred before the marriage. However, in principle, debts incurred during the marriage or registered partnership are joint liabilities. If you wish to exclude this, you must arrange prenuptial or partnership agreements with a civil-law notary.
Cohabitants
You are only liable if you co-sign for the debt.
Marriage or registered partnership
Yes. For income tax purposes, you are automatically considered tax partners. For inheritance and gift tax, significant partner exemptions apply.
Cohabitants
You are tax partners for income tax purposes if, for example, you have a notarial cohabitation agreement or jointly own a home in which you both live. For inheritance and gift tax, the partner exemptions apply only if you either (a) have a notarial cohabitation agreement and are registered at the same address, or (b) have been registered at the same address for at least five years.
Marriage or registered partnership
Household costs must be shared in proportion to income. Unless financed from private assets, savings become part of the joint estate.
Entrepreneurs should note that the law requires a reasonable entrepreneurial salary to be included in joint income. You cannot simply retain all profits within your business. If you want flexibility in how profits are allocated, notarial arrangements are required.
Cohabitants
The law does not regulate contributions to household costs. Agreements must therefore be made contractually. Without such arrangements, the lower-earning partner has no entitlement to savings or retained profits.
Marriage or registered partnership
Yes. There is a legal maintenance obligation, also after divorce or termination of the partnership (alimony).
Cohabitants
No, unless you have agreed otherwise in a notarial cohabitation agreement.
Marriage or registered partnership
No. Consent from your partner is required to sell or mortgage the home you both live in, even if it is not jointly owned.
Cohabitants
Yes, if the property is solely owned by your partner, they may sell or mortgage it without your consent.
Marriage or registered partnership
Yes, you are automatically joint tenants. Upon death, the surviving partner may remain in the rental property.
Cohabitants
No, unless both names are on the lease agreement.
Marriage or registered partnership
If private funds were used to purchase a home also owned by the other partner, a financial claim arises. This claim generally moves in line with the value of the property, unless agreed otherwise.
Cohabitants
There is no automatic right to reimbursement; this must be agreed in advance.
Marriage or registered partnership
Yes. Spouses or registered partners automatically inherit from each other (unless otherwise provided in a will). Children also inherit automatically.
Cohabitants
No. Without a will, your partner does not inherit anything. A cohabitation agreement can regulate some aspects, but a will is essential.
Marriage or registered partnership
Both partners automatically have joint parental responsibility.
Cohabitants
Only the mother has parental responsibility by default. The father must first acknowledge the child and then apply for joint custody.
Marriage or registered partnership
Yes. Pension rights are generally split between partners unless agreed otherwise.
Cohabitants
No automatic entitlement unless arranged in an agreement.
Marriage
Through divorce proceedings and registration of the court decision. Financial arrangements must be made, and a parenting plan is required if there are minor children.
Registered partnership
Can be terminated without court involvement if there are no minor children and both partners agree.
Cohabitants
Ends when parties no longer live together permanently. No formal procedure is required, but agreements are strongly recommended.
Do you have questions about structuring your relationship legally, such as cohabitation, registered partnership, or marriage? Or would you like to formalise arrangements in a cohabitation agreement, prenuptial agreement, or will? Please feel free to contact Janbert Heemstra, partner & civil-law notary at De Clercq Attorneys Notary.
