Matrimonial property regimes: managing marital assets
In Belgium, spouses can choose their matrimonial property regime via a marriage contract (notarial deed). In the absence of a contract, the statutory regime applies automatically.
Matrimonial property regime in Brussels
The matrimonial property regime defines the legal framework governing the spouses' assets during the marriage and upon its dissolution (divorce, death). The choice of regime is a decision with significant consequences for the couple and their assets.
Book appointment100€ excl. VAT — 30 min
How is the matrimonial property regime determined?
The statutory regime — community of acquisitions
Without a marriage contract, the statutory regime applies: - each spouse retains their own assets (acquired before the marriage, inheritances, gifts) - earnings from work and assets acquired during the marriage form the common assets
The separation of property regime
Each spouse retains exclusive ownership of their assets, present and future. No community.
The universal community regime
All the spouses' assets are common, regardless of their origin or date of acquisition.
Common assets (statutory regime)
Assets
- Earnings from work - Income from own and common assets - Assets acquired for valuable consideration during the marriage
Liabilities
- Debts contracted during the marriage for the household's needs - Mortgage debts on common assets
Management of common assets
In principle concurrent management: each spouse can administer alone. But certain transactions (sale of real estate, major gift) require the agreement of both.
Each spouse's own assets
Assets
- Assets owned before the marriage - Assets received by inheritance or gift - Personal compensation
Management of own assets
Each spouse freely manages their own assets.
Dissolution of the matrimonial property regime
Upon dissolution of the marriage (divorce, death), the matrimonial property regime must be liquidated: inventory the assets, classify them (common/own), value them, divide them.
How Sarah Satti can help you
- Analysis of your current matrimonial property regime
- Advice on changing regime (change of regime during marriage)
- Support during liquidation and division in case of divorce
- Representation in case of dispute over the classification of an asset
📞 Book an appointment: +32 495 19 34 77 | 100€ excl. VAT — 30 min | [Book online →]
Frequently asked questions
The statutory regime (community of acquisitions): own assets retained, but earnings from work are common.
Brussels Bar
Sarah Satti
Your English-speaking lawyer at the Brussels Bar
Sarah Satti, lawyer at the Brussels Bar, primarily practises family law. She guides her clients through all family proceedings with rigour and kindness.
Learn more about Sarah Satti