The main difference is that simple (or de facto) cohabitation does not confer any particular legal status, whereas legal cohabitation creates a legal bond recognised by Belgian law.

Simple cohabitation (de facto cohabitation)

Simple cohabitation simply means living together without any formalities.

Main characteristics

No declaration to the local authority: you are considered as two people sharing accommodation.

No automatic rights: no specific legal protection.

• Separate property: each person remains the owner of their own property.

• No financial obligations between partners (except for children).

• Inheritance: no automatic inheritance rights.

• Fiscalité : chacun reste imposé séparément, sauf si vous avez des enfants communs.

Advantages

• Complete freedom, no formalities.

• No legal obligations between partners.

Limitations

• Very little protection in the event of separation or death.

• Often requires private contracts (lease, property purchase, will, etc.).

Legal cohabitation

Legal cohabitation is an intermediate status between simple cohabitation and marriage. It requires an official declaration to the local authority.

déclaration officielle à la commune.

Main characteristics

• Official declaration creating a legal bond.

• Mutual obligations: contribution to the costs of living together.

Assets: each party retains ownership of their own assets, but certain assets acquired jointly are presumed to be indivisible.

• Protection of the family home: sale or mortgage impossible without the agreement of both parties.

• Inheritance: right of usufruct on the family home (but not full inheritance rights as a married spouse).

• Taxation: joint taxation possible, tax advantages similar to married couples.

Advantages

• Enhanced legal protection.

• Simple and inexpensive procedure.

• Certain tax and social security rights.

Limitations

• Less protective than marriage (particularly in terms of inheritance).

• Minimal but existing legal obligations.