Buying real estate as a married couple is a big step in the union! It represents an important new chapter in your life together. 

Every transaction is often accompanied by legal procedures that can be complex.

When a property is purchased, the spouses automatically become co-owners, unless they indicate otherwise. They will therefore be in possession of part of the property, according to their contribution at the time of purchase, their “share”. 

But what happens if the property is purchased by only one of the spouses? Will the other spouse be able to become a co-owner?

In short, yes, but only a few additional steps will have to be taken. 

The property shares can be defined in the land register and do not necessarily have to be those in force at the time of purchase. 

For example: If your wife does not finance your future home, she will not automatically become a co-owner, but can become one after she is registered in the land register.

We advise you to have a lawyer follow these steps for security and pension purposes. According to the law, the financing of a property by only one of the spouses is considered as a loan, even if the couple considers it as a gift. If the gift is not legally declared, this may prejudice the spouse who did not finance the property in the event of dissolution of the matrimonial regime.

Need help declaring your co-ownership? Questions regarding the purchase of a property and its legal implications? Lawrence answers all your questions and assists you in your legal steps!

 

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