Article 215 of the Belgian Civil Code offers protection to the main family residence and household items. Consequently, one spouse cannot unilaterally sell or encumber their rights in household goods or transfer their rights in the family home without the consent of the other spouse. Additionally, one spouse cannot mortgage the family property without the
other's approval. The term “dispose” should be understood in a broad sense. Although the legislator does not provide a precise definition of “household effects,” Article 534 of the Belgian Civil Code suggests that it includes all furniture and other items used by the spouses in their household and for home decoration. This can also extend to kitchen
appliances, cars, and motorbikes. However, art collections of significant value and books do not fall under this definition.

Yes, spouses have the right to enter into a contract concerning their matrimonial property regime. According to Article 1387 of the Belgian Civil Code, they are free to create a prenuptial agreement that reflects their preferences and arrangements regarding property.
This freedom to structure the agreement is seen as a specific expression of the broader legal principle of autonomy of will, allowing the spouses to determine how their assets will be managed during the marriage.

Both personal and community property are distinct categories of property, each with its own rights, liabilities, and specific regulations. Community property is similar to, but distinct from, joint ownership. One key difference is that community property has a specific purpose: it exists only while the marriage continues, unless altered through changes in the matrimonial property regime, judicial separation of assets, or legal separation. Spouses
must agree to any changes in their matrimonial property regime, and if they cannot agree, they must adhere to the existing regime unless one spouse meets the legal criteria to request a judicial separation of assets.

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Additionally, community property remains separate from the individual assets of each spouse, which distinguishes it from joint ownership. Unlike co-owners in joint ownership, who may dispose of their share, spouses cannot unilaterally dispose of community property as long as the marriage remains intact. Furthermore, the management of community property follows different rules compared to joint ownership.

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Despite this separation, community property lacks corporate personality, meaning it cannot be a party in legal proceedings, either as plaintiff or defendant, and cannot hold debts. Creditors seeking claims against community property must pursue the spouses directly in court, as only the spouses can file legal actions against third parties or be summoned themselves.

According to Articles 1399-1400 of the Belgian Civil Code, each spouse's personal assets are classified into two main categories: personal assets due to their origin and personal assets due to their nature. These categories apply equally to both movable and immovable property, with no distinction made between the two. Personal assets by origin include all movable and immovable, tangible and intangible property, as well as any claims owned by a spouse before the marriage. Additionally, assets acquired during the marriage without consideration, such as gifts or inheritances, fall into
this category (Article 1399 Belgian Civil Code). Personal assets by nature include accessories and strictly personal assets. Accessories are items used in connection with another asset (Article 1400 Belgian Civil Code) and include:

1. Accessories to one’s immovable property or immovable rights;
2. Accessories to one’s negotiable instruments;
3. Property transferred by an ascendant relative;
4. Shares acquired in a property in which the spouse is already a co-owner;
5. Property acquired through substitution, investment, or reinvestment of personal property;
6. Tools and equipment used in a professional practice;

7. Rights attached to a personal insurance policy taken out by the beneficiary, which they acquire upon the spouse’s death or after the dissolution of the property regime.

Strictly personal assets, as defined in Article 1401 of the Belgian Civil Code, include:
1. Clothing and personal-use items;
2. Literary, artistic, and industrial property rights;
3. Rights to compensation for personal, physical, or moral harm;
4. Entitlement to a pension, annuity, or similar benefits held solely by one spouse;
5. Membership rights.

According to Article 1400, No. 5 of the Belgian Civil Code, property acquired through the investment or reinvestment of personal property is considered part of a spouse's personal assets. This principle is based on the theory of real subrogation, meaning that property acquired as a result of the sale or loss of personal property replaces the original asset.
The investment of personal property involves purchasing new assets using one’s own capital, while reinvestment refers to the acquisition of property using funds from the sale of personal assets. The law differentiates between movable and immovable (re)investments (Articles 1402-1404 of the Belgian Civil Code).

For immovable investments or reinvestments, when immovable property or rights are acquired with personal funds or proceeds from the sale of personal assets, two conditions must be met to classify the new property as personal. The material condition requires that more than half of the purchase is funded with the proceeds from the sale of personal property or capital that can be proven as personal. The formal condition requires a
declaration, made in the notarial deed, that the acquisition serves as a reinvestment and that more than half of the price was paid with personal funds. Without this declaration, the reinvestment cannot be invoked against the other spouse or third parties, who may dispute the property's personal character. The remainder of the purchase price can be paid with common funds, but compensation will be owed to the community property upon dissolution of the marriage. The spouse claiming reinvestment must prove the personal nature of the property, as required by Article 1399 of the Belgian Civil Code.

In cases where the spouse does not have the required capital immediately available for immovable reinvestment, Article 1403 of the Belgian Civil Code introduces the concept of early immovable reinvestment. This allows property purchased entirely with common funds to remain personal property, provided that more than half of the price is repaid within two
years from the notarial deed. If not, the property will become part of the community property, requiring the other spouse’s consent for its acquisition. The spouse intending to retain personal ownership must make a specific declaration of early reinvestment in the deed of sale.

For movable (re)investments, when personal capital or proceeds from personal property are used to acquire movable assets or rights, no formalities are required. It is sufficient to prove that the acquisition was made with personal funds. This evidence must be provided according to the rules laid out in Article 1399, paragraphs 2 and 3 of the Belgian Civil
Code. Early reinvestment does not apply to movable property.

Under Article 1405 of the Belgian Civil Code, community assets are defined to include income from professional activities, profits, income and interest from personal property, as well as gifts and legacies received by both spouses. Community property is considered a residual category, meaning that any assets not explicitly proven to belong to one spouse under statutory provisions are deemed to belong to the community of property.

Pension Rights and Claims
Under the legal regime, all income earned by either spouse during the marriage, including income from employment and compensation replacing or supplementing earned income, automatically belongs to the community of property. This includes pension rights, as pension payments are viewed as a replacement for earned income. However, only the pension payments received during the marriage are considered part of the community
property. The right to the pension itself—i.e., the entitlement to receive pension payments—remains the personal property of the spouse to whom it is granted.

Insurance Rights
Insurance rights are categorized differently depending on the nature of the insurance policy:
- Ordinary Life Insurance: In cases where a life insurance policy simply provides for the distribution of capital upon the death of the insured person, the distributed capital belongs to the beneficiary's personal property.

- Life Insurance as a Savings Transaction: If a life insurance policy also functions as a savings transaction, such that the capital may be distributed upon the insured person's death or upon reaching a specific age, the capital is treated as community property. This is because such a policy serves as supplementary income. If the capital from the life insurance
has not been distributed at the time of the dissolution of the community property (such as in the event of divorce), a distinction must be made between:
- The right to surrender the policy, which remains personal property.

- The surrender value, which is considered part of the community property.

This distinction follows a key ruling by the Constitutional Court in 1999, which set a precedent for differentiating between ordinary life insurance and life insurance that also involves savings elements.

At the request of a spouse having a legal interest and without prejudice to the rights of third parties in good faith, the court of first instance might consider particular acts which the other spouse has performed to be void (Art. 1422 para. 1 Belgian Civil Code). Art. 1422 Belgian Civil Code sets out a limitative list of three kinds of acts capable of being declared void, in particular the acts performed by one spouse: - acts contrary to the provisions of joint administration;
- acts contrary to prohibitions or conditions imposed by the court, in particular a restraining order or a deprivation of decision-making authority.
- acts to the deceptive prejudice of the plaintiff’s rights. It includes all cases of deceit which do not fit into the other two categories.
The term ‘deceit’ must be interpreted widely, in particular to include the aim to act contrary to the family interest, in favour of others or without demonstrable benefit. The above-mentioned acts can also give rise to a right of compensation in favour of the community property. If a claim for nullification has not been filed or if it has been rejected because of a
third party’s good faith or if it did not rectify the damage completely, compensation to the community property amounting to the suffered damage can be claimed (Art. 1433 Belgian Civil Code).

If damage has been caused to a spouse’s personal property, only a claim on the basis of the general law will be allowed as Art. 1433 Belgian Civil Code does not apply to this situation. The claim for nullification needs to be filed within a year of the day on which the spouse plaintiff has been given notice of the act of the other spouse and at the latest before the definite liquidation of the regime. According to Art. 224 Belgian Civil Code the court of first instance is also entitled to consider specific acts void, without prejudice to the right to claim compensation:
- acts contrary to Art. 215 Belgian Civil Code
- acts contrary to a prohibition to alienate or to mortgage;

- gifts jeopardizing the family interest;

- personal securities jeopardizing the family interest. In these situations, the harmed spouse is also entitled to claim compensation, even if a claim for nullification has been filed. If the claim has also been allowed, compensation will be granted only if the nullification did not rectify the damage completely. The claim for nullification also needs to be filed within a year of the day on which the spouse plaintiff has been given notice of the act. The court of first instance is also allowed to deprive a spouse wholly or party of his or her decision-making authority over both the community and the personal property, according to Art. 1426 Belgian Civil Code.

Finally, the judicial separation of assets can be claimed. It is the ultimum remedium for a spouse to protect his or her proprietary interests without having to seek a divorce. It abolishes the existing regime and, instead, an absolute separation of assets comes into force. The judicial separation of assets has retrospective effect from the day of the claim, which is the day on which the writ has been served upon the other spouse. This rule applies
both between the spouses and towards third parties (Art. 1472 Belgian Civil Code).