Anaya Nolan
In Quebec, one out of three couples lives together without being married, with many mistakenly believing they enjoy the same protections as married couples. Unlike married couples, common-law spouses are not automatically entitled to inheritance, property rights, or medical decision-making for their partner. To be considered a de facto union in Quebec, a couple must live together for at least two years, and they may need to provide documentation such as a cohabitation agreement. This article will explore the legal definition of common-law relationships in Quebec, the rights and protections afforded to these couples, and how they differ from married spouses.
| Characteristics | Values |
|---|---|
| Time required to be considered common-law partners | 1 year with a child, 2 years without a child |
| Rights of common-law partners | No inheritance rights, no rights to the family home or other property acquired during the relationship |
| Ending a common-law relationship | No legal process, separation and annulment of cohabitation agreement typically required |
| Estate planning for common-law couples | Will required to ensure partner is provided for |
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What You'll Learn
Common-law couples in Quebec are not automatically heirs
In Quebec, common-law couples are not automatically considered heirs to their partner's estate if their partner dies without a will. This means that, in the absence of a will, the surviving partner in a common-law relationship will not automatically inherit anything from their deceased partner. This is in contrast to married couples, who have specific rights to the family home, regardless of whose name is on the title.
To ensure that a common-law spouse is protected in the event of their partner's death, it is essential to create a will that names them as a beneficiary. By doing so, individuals can ensure that their estate is distributed according to their wishes and reduce the amount of work and stress for their loved ones. Additionally, common-law couples can take other steps in their estate plans, such as adding each other as legatees for insurance policies and investment accounts.
The criteria for a common-law relationship vary across different provinces in Canada. In Quebec, a couple must live together for at least two years to be considered a de facto or common-law union. Other provinces, such as British Columbia, Manitoba, Saskatchewan, and the Northwest Territories, recognize inheritance rights for common-law partners.
It is worth noting that the legal landscape for unmarried couples in Quebec is evolving. Bill 56, tabled in March 2024, aims to amend the Civil Code and establish a new framework for unmarried couples, including a parental union regime for common-law couples with children after June 29, 2025.
To summarize, common-law couples in Quebec do not automatically become heirs to their partner's estate. Creating a will and taking proactive estate planning measures are crucial steps to protect the interests of common-law spouses in the event of a partner's death.
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Rights of married spouses vs. common-law couples
In Quebec, one out of every three couples lives together without being married, with many mistakenly believing they have the same rights as married couples. However, the rights of married spouses and common-law couples differ in several key areas.
Property Rights
Married spouses in Quebec have specific rights to the family or matrimonial home, regardless of whose name is on the title. On the other hand, common-law or de facto couples do not have the same automatic rights to the family home or any other property acquired during the relationship.
Inheritance Rights
Married couples in Quebec have automatic inheritance rights. However, common-law couples do not have the same inheritance rights. If a common-law spouse passes away without a will, the surviving partner will not automatically inherit anything. To ensure their common-law spouse is provided for, individuals should create a will naming them as a beneficiary.
Medical Decision-Making
In Quebec, married spouses have the right to make medical decisions for their partner, especially if their partner is incapacitated. Common-law partners may struggle to prove decision-making authority in such situations, especially without formal legal documentation such as a healthcare proxy or mandate.
Survivor Benefits
Married spouses in Quebec automatically receive survivor benefits and pension benefits. Common-law couples must take additional steps, such as naming their partner as a beneficiary on their income and insurance policies, to ensure their partner receives these benefits.
Ending the Relationship
Marriage in Canada can only be legally ended by divorce. However, there is no legal process for ending a common-law relationship. To end a common-law relationship, couples typically need to separate, stop living together, and annul any cohabitation agreement.
It is important to note that the definition of "common-law" and the specific rights of common-law couples can vary across different provinces in Canada. For example, in Ontario, a couple is considered common-law after living together for at least three years or one year if they have a child together. In British Columbia, a couple is considered common-law after living together in a marriage-like manner for at least two years or less than two years if they have a child together.
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Common-law and cohabitation agreements
In Quebec, common-law relationships are often referred to as de facto unions. To be considered a common-law couple in Quebec, partners must live together continuously for at least two years. This requirement remains the same even if the couple has children together.
Unlike married couples, common-law spouses in Quebec are not automatically considered heirs and are not entitled to any part of their partner's estate if they die without a will. Therefore, it is important for common-law couples to create a will naming their partner as a beneficiary to ensure they are provided for in the event of their death.
To prove a de facto union in Quebec, documentation such as a cohabitation agreement or proof of shared ownership of residential property may be required. A cohabitation agreement is a written contract between two people who live together and outlines various aspects of their life together, such as day-to-day responsibilities and financial arrangements. It can also specify what will happen if the couple separates or if one partner dies, including the division of property and any support payments.
It is important to note that, unlike a marriage, there is no legal process for ending a common-law relationship in Canada. To end the relationship, partners typically need to separate, stop living together, and annul their cohabitation agreement if they have one.
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Common-law and child custody
In Quebec, common-law spouses are not automatically entitled to anything and are not offered the same protections as married couples. The best way to ensure a common-law spouse is protected in the event of death is to create a will naming them as a beneficiary.
For federal tax purposes in Canada, 'living common-law' refers to couples who have either been living together for 12 continuous months or who share a child by birth or adoption. However, the definition of common-law in most other contexts is up to each individual province. For example, in Ontario, a couple is considered to be in a common-law relationship after living together for at least three continuous years, or one year if they have a child together. In British Columbia, a couple is considered to be in a common-law relationship after living together in a marriage-like manner for at least two continuous years, or if they've lived together for less than two years but have a child together.
In Quebec, parents who are no longer together have equal rights regarding their child and must figure out how to share in the rights and responsibilities of parenting. They can negotiate one-on-one, with lawyers or through an alternative dispute resolution method. Many parents are able to agree on terms such as when the child will live with each parent and who will pay child support. To make the terms binding, they can write and sign a parenting plan. For easier enforcement, they can turn the plan in to the court for a judge's approval, which makes it a court order.
When parents cannot agree, they open a family law case with the court. A judge decides the details of their final judgment at trial, unless the parents reach a compromise first, which most do. The judge will consider the child's moral, intellectual, emotional and physical needs, along with the child's age, health, personality, and family environment. In Quebec, no custody model is given preference by the courts. Each case is unique, and the only criterion taken into account before a court makes its decision is the interest of the child. The court will try to ensure that the child's links with both parents are maintained as far as possible, once again in the child's interest.
Child support is determined by the Quebec Model for the Determination of child support payments and is calculated based on the amount of custody time and the annual disposable income of each parent. One parent may have to pay the other parent as a form of compensation, even if they share custody equally. There is no difference in the payment of child support between married and common-law couples.
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Common-law and separation
In Quebec, one out of every three couples lives together without being married, and many mistakenly believe they are afforded the same protections as married couples. Unlike married couples, common-law couples do not need a court decision to make their separation official.
For federal tax purposes in Canada, 'living common-law' means couples have been living together for 12 continuous months or share a child by birth or adoption. The criteria for a common-law relationship differ based on the province. For example, in Ontario, a couple is considered to be in a common-law relationship after living together for at least three continuous years, or one year if they have a child together. In British Columbia, a couple must live together in a marriage-like manner for at least two continuous years, or have lived together for less than two years but have a child together.
When common-law couples in Quebec break up, they must settle issues involving their children, money, and property. They can do this without going to court, but it is recommended to have a lawyer or notary check that both partners' rights are respected. A family mediator can also help the couple to reach an agreement, and they may be entitled to free mediation sessions.
De facto spouses can also separate amicably, with or without the help of a mediator, notary, or lawyer. However, they have no obligation of support towards each other, regardless of income or need.
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Frequently asked questions
A common-law relationship in Quebec is when two people live together for a certain period of time and are not married or in a civil union.
In Quebec, a couple must live together for at least two years to be considered a common-law or de facto union. This is the case even if the couple has children.
Common-law couples in Quebec do not have the same protections as married couples. They do not have rights to the family home, property division, compensatory allowances, or support payments. They are also not considered heirs and do not inherit from each other unless they are named in a will.
Common-law couples can create a cohabitation agreement or contract to outline various aspects of their life together, including protections for the family home. They can also create a will naming their partner as a beneficiary and add them as legatees for insurance policies and investment accounts.
Yes, it is important to note that common-law relationships cannot be legally ended like a marriage. To end the relationship, couples typically need to separate, stop living together, and annul their cohabitation agreement if they have one.
