Cecily Zamora
In Canada, common-law relationships are legally recognized in certain situations, but the definition of common law varies depending on the context. In Quebec, common-law relationships are referred to as de facto unions and are defined as couples who live together for at least two years without being legally married or in a civil union. While common-law relationships are common in Quebec, de facto spouses do not have the same legal rights and protections as married couples, particularly regarding property rights, inheritance, and spousal support. This distinction has been upheld by the Supreme Court of Canada, which ruled that the exclusion of common-law partners from the Civil Code of Quebec does not violate the right to equality.
| Characteristics | Values |
|---|---|
| Common law recognition | Common law relationships are recognised in Quebec and are referred to as 'de facto unions' |
| Time requirement | To be recognised as a de facto couple, partners must live together for at least two years. This requirement remains the same even if the couple has children together. |
| Tax purposes | De facto couples are recognised for tax purposes after living together continuously for at least two years. |
| Inheritance rights | De facto partners are not considered heirs and do not inherit anything if their partner dies without a will. |
| Property rights | De facto couples do not have the same property rights as married couples. They are not entitled to the family residence protection granted under the Civil Code of Quebec. |
| Medical decision-making | De facto spouses do not have the same rights as married spouses in medical decision-making for their partner, especially if the partner is incapacitated. |
| Ending the relationship | 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. |
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What You'll Learn
Common law marriage definition in Quebec
In Quebec, a common-law relationship is referred to as a de facto union. This is a couple that lives together but is not legally married or in a civil union. The term de facto spouse refers to a spouse who is not married, in a civil union, or in a parental union.
To be considered a de facto couple in Quebec, partners must live together for at least two years. This is the same requirement even if the couple has children together. This is the criterion for tax purposes, while for pension purposes, the requirement is at least three years.
De facto couples do not have the same rights as married couples. For example, de facto partners are not considered heirs and do not inherit anything if their partner dies without a will. Married couples in Quebec have the right to inherit all or a portion of their spouse's assets if the other dies without a will. To ensure that a de facto spouse is protected in the event of their partner's death, it is important to create a will naming them as a beneficiary.
De facto spouses also do not benefit from the family patrimony protection that ensures the equal partition of certain kinds of property in the event of a divorce. In a formal marriage in Quebec, there are clear rules about the partition of primary lifestyle assets, known as the Family Patrimony, which includes the family house, the family car, and retirement accounts. These assets are split equally if the marriage breaks down.
In addition, a de facto spouse does not have the right to make healthcare decisions for their partner if they are incapacitated, unless they have a protection mandate in place. This allows the de facto spouse to be named as mandatary to their partner's person and/or property, ensuring their ability to manage healthcare decisions and finances in the event of their partner's incapacitation.
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Quebec inheritance rights for common-law spouses
In Quebec, common-law marriages are referred to as 'de facto unions'. To be considered a de facto couple in Quebec, partners must live together for at least two years. This requirement remains the same even if the couple has children together.
De facto partners do not have the same inheritance rights as legally married couples or those in a civil union. De facto partners are not considered heirs and will not inherit anything if their partner dies without a will (intestate). This means that if there is no will, the surviving partner will not automatically inherit anything.
To ensure that your de facto partner inherits your estate, you must create a will naming them as a beneficiary. You can also add them as legatees for insurance policies and investment accounts.
De facto couples do not have the same property rights as married couples. In Quebec, married spouses have specific rights to the family or matrimonial home, regardless of whose name is on the title. Couples in de facto unions do not have the same automatic rights to the family home or any other property acquired during the relationship.
It is important to note that de facto spouses may find it challenging to prove decision-making authority, especially without formal legal documentation, such as a healthcare proxy or mandate. To ensure that your de facto partner receives survivor benefits or pension benefits, you should name them as a beneficiary on your income and insurance policies.
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Quebec tax purposes for common-law couples
In Quebec, common-law relationships are referred to as de facto unions. De facto couples are not considered heirs and do not automatically inherit anything if their partner dies without a will. They will need to specify their wishes in a legal will for their partner to inherit their property.
For tax purposes, the Quebec government recognises de facto partners or common-law spouses if they have lived together for at least two years. For pension plans, the qualifying period is at least three years of living together. There are different criteria for unmarried couples with children. If the couple has a biological child together, adopts a child together, or is expecting a child, they only need to live together for at least a year to be considered spouses for pension plans.
When filing taxes, common-law couples must disclose their relationship status and provide information about their partner, including their name, Social Insurance Number, and net income. They will also need to tick the "has a spouse" box on the Revenu Québec return form.
Common-law partners can access certain tax benefits, credits, and deductions due to their relationship status. They may transfer unused tax credits to their partner to reduce their household tax rate. They can also share some non-refundable tax credits with their partner to reduce their overall tax liability. Additionally, they may be able to split pension income to reduce their individual tax rates.
It is important to note that the definition of a "spouse" for taxation purposes may vary depending on the specific program or tax credit being considered.
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Quebec property rights for common-law couples
In Quebec, common-law relationships are referred to as "de facto unions". To be considered a de facto couple, partners must live together for at least two years. This requirement remains the same even if the couple has children.
De facto couples do not have the same property rights as married couples. In Quebec, married spouses have specific rights to the family or matrimonial home, regardless of whose name is on the title. De facto couples do not have the same automatic rights to the family home or any other property acquired during the relationship.
De facto partners are not considered heirs and do not inherit anything if their partner dies without a will (intestate). However, a de facto spouse may be entitled to compensation if their partner dies in an automobile accident, and they will be entitled to a pension after three years of cohabitation, or one year if the couple has a child.
To ensure that a de facto spouse is provided for in the event of their partner's death, it is important to create a will naming them as a beneficiary. This will ensure that the estate is distributed according to the deceased's wishes and reduce the amount of work and stress for the surviving partner.
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Quebec healthcare rights for common-law couples
In Quebec, common-law relationships are referred to as "de facto unions". To be considered a de facto couple, partners must live together for at least two years, though this requirement remains the same even if the couple has children together.
De facto couples do not have the same rights as legally married spouses or those in a civil union. They do not have the same property rights, nor do they have the same protections as married couples. For example, de facto spouses do not benefit from the family residence protection granted under the Civil Code of Quebec, and they do not have a right to a division of their property if they separate. De facto spouses are also not considered heirs and do not inherit anything if their partner dies without a will (intestate).
However, de facto couples do have certain rights in Quebec. For example, under the Régie des rentes du Québec, if one de facto spouse dies, the other will be entitled to receive a pension after three years of cohabitation, or after one year if a child is born of the union. De facto spouses can also consent to healthcare decisions for their partner when the latter is incapable of giving such consent and where no mandatary, curator, or tutor has been appointed.
To ensure their rights, de facto couples may want to consider drawing up a cohabitation agreement or other legal contracts. These can outline various aspects of their life as a couple, including the protection of the family home and other types of protection in the event of a separation. Additionally, creating a will can ensure that a person's estate is distributed according to their wishes, and can also help reduce the amount of work and stress for their loved ones.
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Frequently asked questions
A common-law relationship is when a couple lives together but is not legally married or in a civil union.
In Quebec, a common-law relationship is called a de facto union.
To be considered a de facto couple in Quebec, a couple must live together for at least two years to be recognised as such for tax purposes, and at least three years for pension purposes.
No, common-law spouses do not have the same rights as married couples in Quebec. They are not entitled to spousal support, nor do they have the same property rights as married couples.
Yes, common-law spouses have certain rights in Quebec. For example, the Société de l’assurance-automobile du Québec recognises a de facto spouse's right to compensation if their partner dies in a car accident. De facto spouses also have the right to consent to healthcare for their partner when the latter is incapable of giving consent.
