Gavin Howe
In Quebec, the proportion of couples living together who are neither married nor in a civil union has increased dramatically, from eight per cent in 1981 to 42 per cent in 2021. This may be due to the high cost of weddings, religious issues, or the association of marriage with traditional gender roles. While common-law spouses in Quebec are entitled to nothing in the event of their partner's death, there are still legal protections in place for common-law spouses, who are often referred to as being in a de facto union. For example, in 2022, the Justice Minister introduced Bill 56, a family law reform bill proposing the creation of a new regime of parental union that would establish certain property, including the family home, as common goods to be divided evenly between parents if they separate.
| Characteristics | Values |
|---|---|
| Common law marriage referred to as | De facto union |
| Common law spouse entitled to | Nothing |
| Proportion of couples living together who are neither married nor in a civil union | 42% in 2021 |
| Proportion of couples living together who are neither married nor in a civil union in 1981 | 8% |
| Common law couples with minor children who bought their home together in 2022 | 80% |
| Type of legal relationship where couples can officially have rights and obligations | Civil union |
| Year civil union was created | 2002 |
| Civil union created to allow | Same-sex couples to have the benefits that were previously reserved for married couples only |
| Year same-sex marriage was legalized in Canada | 2005 |
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What You'll Learn
Common-law spouses' rights in Quebec
In Quebec, common-law relationships are referred to as a de facto union. To be considered a de facto couple, partners must live together continuously for at least two years. This requirement remains the same even if the couple has children together.
De facto couples do not have the same rights as married spouses or those in a civil union. They are not considered heirs and are not entitled to their partner's estate if their partner dies without a will. De facto spouses do not have the same property rights as married couples, nor do they benefit from the family patrimony protection that ensures the equal partition of certain kinds of property in the event of a divorce. However, under Quebec's Civil Code, de facto spouses have obligations towards their children, including parental authority and support obligations. Children born of a de facto union have the same rights and obligations as children from a marriage or civil union.
To ensure their partner is protected in the event of their death, de facto couples can create a will naming their partner as a beneficiary, add them as legatees for insurance policies and investment accounts, and specify their wishes for property distribution in the will. They can also enter into a cohabitation contract, which outlines their rights and obligations towards each other and details how they would like to partition their property in the event of a separation.
In 2022, the Quebec government introduced Bill 56, a family law reform bill proposing the creation of a new "parental union" status for common-law spouses with children. This status would establish certain property, including the family home, furniture, and vehicles, as common goods, with the value of these goods being evenly divided between the parents if they separate.
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Quebec's stance on common-law marriage
The criteria for a couple to be considered common-law in Quebec include living together continuously for at least two years, which is similar to the requirements in other Canadian provinces. In Quebec, common-law relationships are often referred to as "de facto unions." Additionally, couples must declare themselves as common-law spouses on their tax returns after living together for two years.
Quebec has seen a significant increase in the proportion of couples who are neither married nor in a civil union, rising from 8% in 1981 to 42% in 2021. This shift has led to growing support for granting common-law spouses the same rights as married couples. In 2024, the Quebec government introduced Bill 56, a family law reform bill. This bill proposed the creation of a "parental union" status, which would grant common-law spouses with children certain rights and obligations, such as the division of property, including the family home, furniture, and vehicles.
It is worth noting that Quebec is the only place in Canada that recognizes civil unions, which offer similar rights and protections to marriage. Civil unions were initially created in 2002 to extend benefits to same-sex couples, and they continue to be preferred by some couples who wish to avoid the stereotypes and gender roles associated with marriage. However, civil unions may not be recognized outside of Quebec, and there are specific requirements for termination, such as a joint written declaration or a court decision if children are involved.
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Quebec's civil union law
In Quebec, a common-law relationship is often referred to as a de facto union. A couple is considered common-law for tax purposes after living together continuously for at least two years. Notably, in Quebec, unless legally married, a spouse is entitled to nothing in the event of their partner's death.
A civil union is a type of legal relationship between couples in Quebec, where partners of the same or opposite sex officially promise to live together and respect their rights and obligations. Both parties in a civil union must be 18 years or older, not married or in another civil union, and not closely related. A civil union contract can be signed, outlining the rules of the union, and an official document is prepared by the Directeur de l'état civil (registrar of civil status) to prove the union.
A civil union ends with the death of one of the spouses or can be dissolved by a court decision or a joint written declaration if there are no children involved and both parties consent. The uncertainty around the recognition of a Quebec civil union outside of the province is a significant consideration for couples, especially in cases of adoption or death.
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Common-law couples in Quebec with children
In Quebec, common-law relationships are referred to as de facto unions. A couple must live together for at least two years to be considered a de facto couple for tax purposes, and at least three years for pension purposes. De facto partners are not considered heirs and do not inherit anything if their partner dies without a will (intestate). This means that if a couple has children and one parent passes away, the surviving partner will not automatically inherit anything. To ensure their partner is protected, each spouse can create a will naming them as a beneficiary, add them as legatees for insurance policies and investment accounts, and take other estate planning measures.
Legal rights for common-law couples in Quebec differ from those of married spouses or those in a civil union. De facto couples do not have the same property rights as married spouses. Married couples have specific rights to the family or matrimonial home, regardless of who is on the title, while couples in de facto unions do not have the same automatic rights to the family home or any other property acquired during the relationship. Married spouses also have rights to medical decision-making for their partner, particularly if their partner is incapacitated.
In 2021, 42% of couples living together in Quebec were neither married nor in a civil union, up from 8% in 1981. Common-law couples in Quebec are also more likely to have children living at home (49%) than married couples (45%). This may be because common-law relationships are more likely to be stepfamilies, with 31% of common-law couples with children being stepfamilies compared to 7% of married couples with children.
On March 27, 2022, Justice Minister Simon Jolin-Barrette introduced Bill 56, a family law reform bill proposing the creation of a new regime of "parental union" to frame the rights and obligations of common-law spouses with children. This status would apply automatically to new parents who are neither married nor in a formal civil union, establishing certain property, including the family home, furniture, and vehicles, as common goods. The value of those goods would then be evenly divided between the parents if they separated, although couples could opt out of the property provision or adjust its scope.
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Quebec's family law reform bill
In Quebec, common-law relationships are referred to as de facto unions. A couple is considered common law for tax purposes after cohabiting continuously for at least two years. Notably, in the event of death, a common-law spouse is entitled to nothing unless specified otherwise in a will.
Quebec's family law had not been updated for about 40 years until the adoption of Bill 2 in 2022. The bill aimed to address various social issues, including gender identity and non-binary recognition. Specifically, non-binary Quebecers can now use the "X" gender designation on official documents and identify as "parent" on their children's birth certificates.
Bill 2 also sought to address the rights and obligations of de facto spouses compared to married couples. However, the rules surrounding filiation and the supervision of surrogacy were withdrawn from the initial proposal. The next government will need to address these aspects, particularly the legal status of agreements between surrogate mothers and parents-to-be.
Another bill, Bill 56, introduced by Justice Minister Simon Jolin-Barrette, proposes the creation of a "parental union" status for common-law spouses with children. This status would automatically apply to new parents who are not married or in a civil union, granting them specific property rights and obligations. While this bill aims to provide legal protection for common-law spouses, critics argue that it may not sufficiently address the economic consequences of relationship breakdowns.
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Frequently asked questions
A common-law marriage is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process.
Common-law marriages are recognised in Quebec, where they are referred to as de facto unions. However, common-law spouses are not entitled to the same protections as married couples.
In Quebec, common-law spouses are entitled to nothing if their partner passes away. However, they can protect their partner's place in the home by creating a will naming them as a beneficiary.
Civil unions, which only exist in Quebec, are another type of legal relationship where couples can have rights and obligations such as the promise to live together. Civil unions and marriages have the same rights and protections, but civil unions are not guaranteed to be recognised outside of Quebec.
There is no legal process for ending a common-law marriage in Canada. To end the relationship, you typically need to separate from your partner, stop living together, and annul your cohabitation agreement, if you have one.
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