How to end legal cohabitation?

Five ways to end legal cohabitation

The termination of legal cohabitation takes place in five different situations:

1. The marriage of one of the legal cohabitants

Pursuant to article 1476, §2, 1st paragraph old Civil Code, the legal cohabitation is automatically terminated in case one of the partners gets married. This also applies to legal cohabitants who marry each other!

2. Death of one of the legal cohabitants

Article 1476, §2, 1st paragraph old Civil Code also states that the legal cohabitation is automatically terminated in case of the death of one of the partners.

In addition, legal cohabitation is also terminated when there is a deed of absence of one of the legal cohabitants. Pursuant to Article 121, §2 Old Civil Code, the judgment regarding declaration of absence of one of the partners will have all the effects of death from the date of the preparation of the deed of absence. This will therefore also terminate the legal cohabitation.

3. Termination following a joint declaration

In accordance with article 1476, §2, 2nd paragraph old of the Civil Code, legal cohabitation may be terminated by the filing of a joint declaration by both partners at the civil registrar's office. The declaration must contain the following elements: date of declaration, place of residence of both parties, signature of both parties, indication of the will to terminate the legal cohabitation, surname and first name of both parties, place of birth of both parties. This method of termination therefore does not require court intervention, unlike terminating marriage.

4. Termination following a unilateral declaration

According to article 1476, §2, 2nd paragraph old Civil Code, one can also terminate the legal cohabitation by making a unilateral declaration at the civil registrar's office. One hands the written declaration to the civil registrar of the municipality of the partner making the declaration. The declaration must contain the following elements: date of the declaration, place of residence of both parties, signature of the person requesting the unilateral termination, indication of the will to terminate the legal cohabitation, surname and first name of both parties, place of birth of both parties. The registrar must serve this declaration on the other partner within eight days. Either partner can request the termination unilaterally at any time. The costs associated with the termination are for the partner making the unilateral declaration.

5. Annulment of legal cohabitation

The legal cohabitation can be annulled. This is possible if there was no valid consent, and therefore there are willful defects.

The cohabitation can also be annulled if there is a sham legal cohabitation. This is the case when one of the two parties entered into the cohabitation with the mere intention of obtaining a residence benefit. 

What are the consequences of ending legal cohabitation?

The end of legal cohabitation means that it is dissolved. From when the end takes effect depends on the method of termination.

In case of death, cohabitation is dissolved on the day of the death of one of the partners.

In the case of marriage by one or both partners, it is dissolved on the day of marriage.

On the unilateral or joint declaration of termination, it is dissolved on the day the civil registrar reports the declaration in the population registers.

The law does not provide for a maintenance allowance for legal cohabitants. Through a cohabitation agreement, however, certain things can be arranged for a possible temporary maintenance arrangement in case of termination of the cohabitation.