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Who owns what in a marriage in Belgium?

Property acquired during the marriage is joint by default

Belgium's default is a community of acquisitions: spouses keep their own property and share what they acquire together during the marriage.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when a couple sign no contract. Family law changes, and a court can decide differently on the facts of a case. For a couple with a foreign spouse, take advice in each country involved. This is general information, not legal advice.

What applies by default

Each spouse has personal property (from before, and gifts and inheritances) and the spouses share a common property of what they acquire during the marriage, such as earnings.

When the marriage ends in divorce

The common property is divided equally, and each takes back their own property.

A marriage contract

A marriage contract is made before a notary before the wedding and can be changed afterwards through a notarial procedure.

What stays your own, and gifts

Property from before the marriage, gifts and inheritances stay personal.

If one spouse is a foreigner

In member states that take part in the EU Matrimonial Property Regulation, the law that governs the spouses' property is set by common rules, and spouses may choose from a short list of laws in a written agreement. Check whether the country takes part.

What to watch for

  • The family home has special protection: one spouse cannot dispose of it without the other's consent.

Understand the legal system first

Belgium belongs to the Civil law family. Family law grows out of the legal tradition, so it helps to know how the system works.

Read the Belgium legal-system profile in the Legal Families Atlas →

Official sources

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TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.