You might think that it doesn’t really matter how you live together. However, legally this is the case. Just think about inheritance law, the survivor’s pension, the rental contract, your finances.
In the February issue of Plus Magazine (in shops now) you will find an article on the consequences of your company form on your finances. The system you are married to is important. Is that the one below? statutory system, then there are 3 assets – 2 private and one municipal – and then things can get complicated. The spouses’ own assets include everything they already owned before the marriage and everything they received later through inheritance or will. It seems clear. But… the rental income from the apartment that the partner already owned before the marriage is shared. And the common assets also include the salaries of each of the partners. So it’s not that simple!
No common property
In terms of power it is simpler cohabitants: There are no common goods, just like for married couples goods separation. For them, the salary remains an asset. Of course you can buy things together. These assets are therefore “co-owned”.
For cohabitants there are other points of attention, such as: inheritance law For example. For starters, there’s a big difference legal and de facto cohabitants. Anyone who simply lives at the same address (and therefore actually lives together) does not inherit from their partner. Without a will you will not inherit anything, even if you live together for half your life and have children. Legal partners (who have declared to the municipality) inherit from each other, but not as much as married ones. They inherit the usufruct of the family home and household goods. And what happens if the family rents the family home? Then this inheritance law is actually “an empty box”.
Rental agreement
There is also a difference in terms of the rental agreement. De facto cohabitants who stipulate a rental contract will not be considered co-tenants with each other. Only the person who signed the contract is bound. He alone is responsible for paying the rent price and only he can cancel the rent without the consent of his partner. If the de facto cohabitants want to be co-responsible, they must each sign the rental contract.
If a married or cohabiting couple wants to rent a property, each of them will be required to pay the rent. They are legally considered co-tenants of each other, even if the lease was signed by only one of the partners. Furthermore, cohabitants are jointly responsible for paying the rent.
What reversibility pension As for this, it only applies to those who are married. Neither legal nor de facto partners can rely on it.
Want to know more about all these differences? Getting married or living together? Knowing the different forms of society’ – Bart Chiau – Pelckmans – 30 euros – ISBN 978-94-6401-461-7
2024-01-24 07:44:49
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