Planning to live together or get married? What this means if your partner is in debt...
Keytrade Bank
keytradebank.be
January 12, 2026
3 minutes to read
Love may be blind, but creditors certainly aren't.
1. Marriage and debts
Around 90,000 Belgians tie the knot each year (source). For many, it is the next logical, romantic or practical step after living together. Yet between the roses, congratulatory messages and getting butterflies in your stomach, we sometimes forget one thing – marriage can also come with consequences and responsibilities in terms of finances and tax.
In Belgium, getting married doesn't automatically make you liable for all your partner's debts. It depends on the matrimonial regime that applies to you (statutory community of property, separation of property, or universal community of property). Each regime stipulates rules in which debts remain personal in nature or are shared by both partners. However, a few general principles apply to all married couples, regardless of the matrimonial regime:
- Family expenses. Spouses are jointly liable for debts incurred for regular family expenses (and the upbringing of any children). Such expenses include groceries, children's clothes, school bills, utility bills (gas, water and electricity), rent and more. Family debts such as these can be recovered from both partners, even if the contract is only in one of their names. The idea behind it is that both spouses contribute to the costs of running the household.
- Tax liabilities. In addition, married couples are jointly and severally liable for one another's tax liabilities. This means that the tax authorities may contact either spouse to collect the debt if personal income tax or any other taxes haven't been paid on time. In principle, the tax authorities may use both the joint assets and the partners' personal assets to recover outstanding tax payments. A notarial deed can be put in place to agree to protect each other's assets if the tax authorities come calling. In the Brussels-Capital Region, joint liability between spouses for regional taxes (such as property tax and road tax) has been abolished.
The points set out above apply regardless of the matrimonial regime. For all other debts, however, the chosen matrimonial regime plays a major role.
> The statutory regime
If you don't have a marriage contract, you automatically fall under the legal system of statutory community of property. Under this regime, the spouses' assets are divided into three parts: your own assets, your partner's personal assets, and joint assets (which are accrued together during the marriage, with the exception of personal gifts and inheritances). This means all of the assets are not grouped together automatically, and some remain personal property.
- Personal debts before marriage. Debts accrued by one of the partners prior to getting married remain their own debts under the statutory regime. Their spouse cannot be forced to pay off their personal debt.
- Joint debts accrued during the marriage. In addition to each partner's personal assets, there are joint assets. This includes any income you earn during the marriage and the things you buy together. Debts incurred during the marriage on the part of the family or joint assets shall be considered joint debt. One such example is taking out a loan or mortgage together (with both parties signatories to the agreement).
When it comes to joint debt, a creditor is entitled to submit a claim against the couple's assets as a whole – including any joint assets and, if insufficient, the partners' personal assets. This highlights how important it is to know what type of debt you are dealing with: your partner's debt that is not related to family expenses remains their problem only, while an account opened and used to pay for family expenses is a joint one.
If there is any doubt about the type of debt, e.g. if a partner claims a debt is personal but it can't be proven in black and white, it will be deemed a joint debt in the eyes of the law. The burden of proof lies with the partner claiming the debt is of a personal nature. It's worth noting, however, that even if the principal debt amount is personal in nature (a debt accrued prior to the marriage), the interest that continues to accrue on the debt during the marriage will be considered a joint debt.
> Separation of property
This marriage regime means there is no joint property – your assets and income remain yours, and your partner's remain theirs. You can still make investments together or buy a house, but this will be under joint ownership (you each become part-owner, without creating a joint asset).
The question of debt is simpler here: all debts originating before and during the marriage fall to the person who incurred the debt. What's more, personal debts are not borne jointly under separation of property. If your partner builds up debt, the debt remains their own responsibility – and you cannot be obliged to help out using your assets.
It is important to note that even in the event of separation of property, the joint family and tax debts mentioned above are an exception, as both spouses remain liable even if your assets are separate.
Marriage with separation of property is often recommended if either partner runs an increased financial risk as a self-employed person, for instance. In such a case, it is entirely possible that they build up business or professional debts, yet creditors of one partner cannot stake a claim against the other partner's assets due to the separation of property. This system is also referred to as 'unromantic', and is a way of protecting one another within the marriage.
Finally, separation of property does not exclude solidarity between partners. Clauses can be inserted in your marriage contract to allow you to save together or share large purchases, for example, without creditors being able to gain access. A notary can help you draw up tailored arrangements of this kind (such as an internal common estate or a settlement clause) to make sure your financial independence and mutual protection remain in balance.
> Universal community of property
This is also known as the 'true love' regime. Both parties' assets and liabilities in their entirety are combined into one joint asset, regardless of whether they have been accrued before or during the marriage.
You not only get married to your partner, but are also wed to their outstanding debts, as it were. In practice, if one partner defaults, a creditor will be able to recover the debt from the joint assets that you share, regardless of who incurred the debt in the first place. It is good to know that in Belgium, you do not automatically fall under this system when you get married. You must make a conscious choice to do so through a marriage contract drawn up by a notary, at which point the notary will clearly make you aware of the risks.
2. Legal cohabitation and debts
An unmarried couple can submit a declaration to their municipality stating they are legally cohabiting. Doing so grants them some of the rights and obligations a married couple benefit from, but not all.
As a general rule, the same principle applies to legal cohabitation as to marriage with separation of property. There are no automatic joint assets; both partners retain their own assets and are, in principle, only liable for their own debts. Debts accrued by one partner before entering into a legal cohabitation therefore remain recoverable in full from them. Furthermore, as a legally cohabiting partner, you do not need to pay off any new debts that your partner accrues on their own (such as taking out a personal loan in their name).
However, like with married couples, an exception applies for daily family expenses and any children. Both legally cohabiting partners are jointly and severally liable for debts incurred for regular household expenses and related to raising children.
Legal cohabitants are treated like a married couple in the eyes of the tax authorities, too. They must submit a joint tax return and form one tax unit, which means one partner's tax liabilities can also be recovered from the other. As with spouses, the tax authorities can contact both partners (and as such reach their separate assets) to collect any unpaid taxes. You can have a deed drawn up by a notary to exclude your personal assets from such a tax liability to guard against this. In Brussels, the mutual liability for regional taxes for legal cohabitants has been abolished, bringing it in line with the rules in force for spouses.
Although legal cohabitation is already regulated by law, it may be wise to make additional arrangements in a cohabitation agreement. As such, partners can determine who owns which property and who assumes which debts.
3. De facto cohabitation and debts
Finally, there are couples who live together without any formal commitment – in other words, those who aren't married or legally cohabiting. From a legal perspective, de facto cohabitants are two individuals who do not have a specific status towards each other. This means that everyone retains ownership of their assets, income and debts. The question of joint property or solidarity is not covered by law, as is the case for married couples or legally cohabiting partners.
Your debts remain your own – if you live together and your partner is in debt (such as a personal loan, gambling debts, study debts and so on), you will not be liable for their debt in principle. Creditors will only be able to seek recourse from the assets of the partner who accrued the debt. In theory, this means you don't have to worry about having to pay off your partner's old debts all of a sudden just because you live under the same roof. You also won't be liable for any new debts your partner incurs on their own while you're living together.
There is, however, one specific point to bear in mind for couples living under de facto cohabitation (and which also applies to married couples under a separation of property regime) when a partner fails to pay their debts and the bailiffs come round. The bailiff looks at the debtor's address and assumes all movable property at the address belongs to the debtor. This means that if your partner is in debt and you live together, your belongings do not receive automatic protection.
For the bailiff, household items are simply 'in common use', and you must provide proof of ownership and initiate a claims procedure before the court to recover or protect your own property. And this is often expensive and time-consuming. The lesson to learn here is that if you live with someone who is in debt, keep proof of purchase, photos and documentation for expensive items you've paid for yourself, and consider storing more expensive personal items elsewhere.
Of course, many people living as de facto cohabitants decide to make large purchases or decisions together, such as buying a car, signing a rental agreement, or taking out a joint loan. In such cases, you have consciously committed to taking out the joint debt, and can both be called upon to repay it.
From a strictly legal perspective, a de facto cohabiting couple are not each other's partner in terms of debt. It does, however, make sense for regular household costs and expenses relating to children to be borne by both partners. The latter point also has a different legal basis, given you also have obligations as a parent regardless of whether you live together or not. After all, if a particular debt has been incurred for your shared household, it is reasonable for both partners to pay for it.
