A reminder of cohabitation and its implications

By Admin Jun 11, 2023
a reminder of cohabitation and its implicationsa reminder of cohabitation and its implications

1. De facto cohabitation

If you live with someone but you do not take any particular steps to formalize this situation, you fall under the regime of de facto cohabitation. As de facto cohabitants, you simply share the same roof, without any particular conditions or formalities . You are free to end the cohabitation whenever you want and do not have to take any steps to do so.

Most important things to remember:

Housing: de facto cohabitation does not entail any protection of family housing . This implies, for example, that if the person you live with owns the accommodation in which you live together, they can sell it, mortgage it or rent it out without asking your consent.

De facto cohabitation does not entail the right to lease either . So keep in mind that if the person you live with is the sole tenant of the accommodation in which you live and you separate, you have no rights to this lease and will have to leave the premises.

Taxation  : as de facto cohabitants, you are considered isolated and therefore each taxed separately on your income. You each receive your tax assessment warning and must complete your own tax declaration.

2. Legal cohabitation

Living together can also be formalized: if you wish to benefit from special legal protection, you can opt for legal cohabitation. If you make a declaration of legal cohabitation, you will have to respect certain conditions and formalities (which we have summarized on our blog ). Do not hesitate to consult our FAQ on this subject. You are free to put an end to the legal cohabitation whenever you want, subject to compliance with certain formalities that we summarize in our FAQ . If you are considering legal cohabitation, do not hesitate to contact the municipal administration (civil status service) of the place where you plan to settle for more information.

Most important things to remember:

Housing  : legal cohabitation implies protection of the family home and the furniture that is part of it. Thus, for example, the sale or rental of the accommodation where you have your common residence or of its furniture is only possible by one of the cohabitants with the agreement of the other.

If you rent accommodation together, even if one of you is the only tenant, legal cohabitation also guarantees the right to lease . This implies, for example, that if you separate and one of you leaves the accommodation, the other cohabitant can stay there. This also applies to a lease contract concluded prior to the declaration of cohabitation by one of you, as long as it is your common home.

Taxation  : as legal cohabitants, you are assimilated to married people and you are therefore taxed jointly . From the year following the declaration of legal cohabitation, you will receive a single warning extract from the role and must complete a common tax declaration. Do not hesitate to contact the FPS Finances if you have specific questions in this regard.

3. What common points?

Family  : as with de facto cohabitation, legal cohabitation does not imply any presumption of paternity or co-maternity .

This implies that, when you bring a child into the world, your boyfriend is not automatically considered the father of your child / your girlfriend is not necessarily considered the co-parent. Steps must therefore be taken to recognize the child. You can contact the civil status service of the municipality in which you reside for more information.

Social security  : de facto or legal cohabitation has no impact on the right to RIS (social integration income) or the granting of unemployment benefits. However, your family situation may have an impact on the amounts you can claim under your social rights.

  •  If you are entitled to the RIS and you live in cohabitation, the CPAS can take your family situation into account to revise the amount granted to you upwards or downwards. The CPAS carries out a case-by-case analysis, depending on your personal situation. We discuss this on our blog . Do not hesitate to contact your CPAS for questions relating to your particular case.
  • If you receive unemployment benefits , your family situation also affects the amount of your benefits. Do not hesitate to contact the ONEM (National Employment Office), the employment service in your region (for example, Forem) or directly with the body paying your allowances (Capac or union ) to take stock of your personal situation.

By Admin

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