A divorce is hard enough as it is. And then there’s the matter of dividing up the household goods: the couch, the kitchen, the books, the kids’ stuff. Who gets what? And what happens to everything that nobody wants anymore?
In this article, you'll learn about the rules for married couples and cohabiting partners, how to handle the division of property in practice, and how to have the rest picked up without any further arguments.
In short: Who owns what depends on your situation: whether you’re married, legally cohabiting, or de facto cohabiting. Make a list of the household goods together, put the division in writing, and don’t remove anything without agreement. If you can’t work it out together, a certified mediator can help. Anything that nobody takes should be picked up all at once on an agreed-upon date.
1. Who owns what?
- Married without a prenuptial agreement (statutory regime): Whatever you owned before the marriage, and whatever you received or inherited, remains yours. Clothing and items for personal use are always yours. Anything you purchased together during the marriage is considered joint property. Property for which ownership cannot be proven is also considered joint property.
- Married under the regime of separate property: Everyone has their own belongings. What you bought together belongs to both of you.
- Legally cohabiting: Whatever you can't prove is yours belongs to both of you, half each.
- De facto cohabitation: The law doesn't address this issue. Whoever is listed on the invoice is considered the owner. So be sure to keep your receipts.
2. Put the breakdown on paper
Are you getting a divorce by mutual consent? If so, you’ll also need to agree in advance on how to divide your household goods and personal property, such as furniture or a car. A notary is only required if there is real estate involved, such as a house. More information at notaris.be.
Even if you're not married: write down the division of assets and have both of you sign it. That will prevent arguments later on.
3. Here's a practical approach
- Make a list together of the household goods, room by room, with photos.
- Specify the price per item who takes it, what's for sale, and what can be taken.
- Sell something of value and split the proceeds, if that's what you agree on.
- Set aside one day when everything is picked up: what each person brings along and what can be discarded.
In the meantime, do not remove anything without consent. The law protects the family home and its contents: you may not simply sell or give them away without your partner’s consent. During the proceedings, the family court may also issue a temporary order determining who will remain in the family home.
4. Can't work things out together? Ask for a mediator
A certified mediator is a neutral person who helps you reach agreements together, in confidence. Agreements you make with a certified mediator can be ratified by a judge. You can find a list of certified mediators at fbc-cfm.be.
For legal questions about who owns what, consult a notary or an attorney.
5. And the rest? Have a neutral team pick it up
Once the division of belongings is complete, there’s usually a lot of stuff left over that nobody wants anymore. We’ll come on the day you both agree on and take away only what’s on the list. That way, neither of you has to do it alone. to clear out the house, and there's no debate about what was allowed to be removed.
Reusable items are sent for reuse; the rest goes to certified processors.
Before and after: household items we picked up all at once.
6. What about the house?
- A rental home: Married couples and those in a legally recognized domestic partnership are both tenants, even if only one of them signed the lease. For couples in a de facto domestic partnership, only the person who signed the lease is considered the tenant. If one of you continues to live there, amend the lease accordingly.
- Owning a home: You can sell the property, one of you can buy out the other, or you can keep it together. You can arrange this through a notary. Is the home being sold? If so, be sure to also read How to Get Your House Ready for Sale.
This article provides general information and is not legal advice. For your specific situation, consult a notary, attorney, or certified mediator.
Frequently Asked Questions
Can I take my things with me if I'm the first to leave?
You do own your own belongings, such as your clothes and anything you had before the marriage. For shared belongings, it’s best to make written agreements first. Don’t take anything away without consent.
Who pays for the rest of the pickup?
You can work that out among yourselves—for example, splitting it 50-50. We’ll set a single price for the entire pickup.
Can you come even if only one of us is there?
Yes, as long as you both agree on what can be removed. Make sure to agree on this in advance, preferably in writing.
Want us to pick up the rest? We'll come on the day you choose.
- We'll only remove what's on the list
- Even if only one of you is present
- A clear price upfront, based on photos
- Discreet and neutral
Or give us a call at +32 469 63 55 62.
