Living together in Belgium with my Thai girlfriend: What if I die?
Dear readers,
I am Belgian and I have a question regarding legal cohabitation in Belgium. Maybe someone knows an answer to my questions?
Well, I was almost done with the application for a visa C to be able to legally cohabit in Belgium. We have known each other for almost twelve years and have been in a long distance relationship since 8-9 years. She had been to Belgium many times and I was in Thailand every year.
Now I received an e-mail from the Immigration Office to also send them a 'Permission from the landlord for the registration of a second person at the address'. Well, that is because of the landlord of the apartment where I live, no problem at all, that has already been arranged.
But now I started thinking and I have several questions and they are these: What if I die in x number of years? My girlfriend may not be working yet? I now have a good civil servant's pension and I still do a few evenings a week in a flexi job in the hospitality industry, my girlfriend is 42. Will she receive a pension after my possible death? Can she continue financially? I also have my own apartment, which I currently rent out, but I no longer want to live there myself. Will she inherit my apartment and my savings?
Those are all things I'm just now starting to think about. Or are there perhaps agencies that can answer such questions correctly?
Thank you.
Regards,
Andy
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https://www.sfpd.fgov.be/nl/overlijden
See, for example, the following:
https://www.vlaanderen.be/erfenis#statuut-van-de-echtgenoot-en-de-wettelijk-samenwonende-partner
It is best to ask your questions to a notary.
Your girlfriend will have a hard time financially, given no income and no work. You are not talking about possible children YOU have.
Ask a notary for advice. You then draw up a will (whether or not through your civil-law notary). She does not have to inherit your home, but you can ensure that she can live there for life, after which it will go to your child(ren) or relatives. You can also choose that part of your savings goes to her.
She can only live there for life if the children now give their consent via an official document at a notary .
Erik,
This is not right. Children do not have to agree to the usufruct of their own home, for 2 persons who legally live together in Belgium.
1. She can only receive a survivor's pension if she has been married to you for at least 1 year. Or
legally cohabiting for at least 1 year before marriage. In addition, the minimum age
always raised. I estimate for her that she will have to be at least 50 years old. If you are younger you have
as many as 12 months (24 months with children) are entitled to a similar survival amount.
2. When you die, the cohabiting partner has limited usufruct on the home and household effects.
You can draw up a contract at the civil-law notary, in contrast to married couples, that the duration of the usufruct
limited.
in case you only legally cohabit, your girlfriend is not entitled to your pension. She only has the usufruct of the family home, which means that she can live there for life or she can rent out the house and collect the rent.
The pension scheme in question is only valid for married couples.
If you want to leave money or other valuables, you must draw up a will and designate her as the beneficiary.
if you do not have a will, your legal cohabiting girlfriend will not inherit anything. This will go to your legal heirs. She does have the usufruct if you live together in your own house/apartment.
Since you are not married, she will not receive a pension either.
You are a civil servant, so your pension does not depend on your family situation, which is already an advantage 🙂
If you have children or not, it is important in this regard, you do not indicate how old you are.
You have known your girlfriend for 12 years, you indicate, that means to me that you have a good relationship and then I think it is only fair that you financially secure her in the event of your death, so I advise you to marry so that she can enjoy your pension later. She will indeed have to have reached the age of 50 for this.
This is currently being gradually increased to the age of 50. For a death from 1.1.2022, your partner must therefore have reached the age of 48 years and 6 months. It is further increased every 6 months until the age of 50. This age of 50 will therefore be required for deaths from 1.1.2025
If you were a civil servant and you marry, your wife can only receive a survivor's pension in the event of your death, depending on the number of years you were married . Can simply be found on the internet by searching for survivor pension official. Couple married twice during 2 years: each receives a pension in function of those 10 years of marriage.
the allocation in function of the number of years of marriage only applies to the ex-wife, not if you are still married.
Dear Thaiblog Members,
I have been able to read your information carefully and will now take the necessary steps that I deem necessary. When asked if I have children , I can answer no . I am not going to take the risk of getting married for the time being , but I do want to secure her financially for the future , so I will inquire at the notary .
Thank you very much for the important info,
Kind regards ,
Andy
Dear Andy,
I have already handled several files: pensions-taxes…for Thai widows.
I can give you a correct answer but it will be a very long answer as there are several things that need to be arranged. So I will not answer your question this way.
The answers you are reading here are 50% totally incorrect, 25% are a bit stretched and 25% are correct, but incomplete.
Just go to a notary and ask him that question. The advice is totally FREE and the answer will be 100% correct.
Lung addie.
Isn't this about a BELGIAN by any chance?
Legislation on inheritances and pensions is TOTALLY DIFFERENT in Belgium than in the Netherlands. The questioner has NOTHING to do with this.