Selecting a language will automatically trigger the translation of the page content.

Rental of accommodation by a married couple: what are the rules?

Verified 16 April 2018 - Directorate for Legal and Administrative Information (Prime Minister)

The spouses are both tenants in respect of the dwelling they occupy, regardless of their matrimonial regime and even if the lease was entered into before the marriage by one of the spouses. They are also jointly and severally liable for payment of the rent throughout the term of the lease, including renewals.

Within a married couple, each spouse is a tenant in respect of the unit in which they live together, regardless of their matrimonial regime and even if the lease was entered into before the marriage by only one of the spouses.

If one of the spouses gives leave, his spouse remains the tenant of the lease.

In order for the lease to end, the spouses must send their leave letters together.

Spouses are in solidarity with the payment of rents and charges.

The lessor may apply to any of the spouses to obtain their settlement or the reimbursement of any unpaid amounts.

If one of the spouses gives leave (notice) to the landlord, he remains jointly responsible for the payment of the rent and the expenses. This obligation shall end:

  • where the other spouse has himself given leave (notice) to the lessor, if the couple remains married,
  • when the divorce is transcribed on the fringes of the civil registration, if the couple separates.

Mail exchanges between the lessor and one of the spouses are not opponents to the other spouse.

In practice, the lessor must therefore notify each of the spouses of his/her exchanges in order to be valid (if he/she notifies of a leave, a revaluation or a rent increase, for example).

Please note

if the lessor has no knowledge of the marriage at the time of notification, the mail shall automatically be effective against the spouse who has not been served with it.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Divorce by mutual consent

The spouses may agree:

Other divorce

During divorce proceedings

The spouses may agree:

In the event of disagreement, the judge may decide on the award of the lease. His decision will be valid until the divorce is pronounced.

After divorce

If one of the spouses requests to retain the house after divorce, the judge shall allocate it on the basis of social and family interests. In practice, if the spouse wishing to stay in the dwelling has custody of the children, he will obtain the lease.

The other spouse will automatically cease to be jointly and severally liable to pay the rent and expenses of the dwelling as soon as the judgment of the divorce is transcribed on the margins of the civil registry. It is therefore not necessary that he grant leave to the lessor.

The spouse remaining in the dwelling has an exclusive right to the dwelling (the deceased's heirs have no rights to the lease), unless he expressly renounces it.