Cecily Zamora
In Quebec, one out of three couples lives together without being married, with many of these couples mistakenly believing they have the same protections as married couples. These unmarried couples are often referred to as common-law couples. Quebec law officially calls these couples de facto couples or de facto union. To be considered a common-law couple in the eyes of the law, cohabitation is not always necessary. However, in Quebec, de facto partners are not considered heirs and do not inherit anything if their partner dies without a will. Additionally, common-law partners are considered single by law, and their separation does not involve any legal proceedings.
| Characteristics | Values |
|---|---|
| Official term in Quebec | "De facto" couples or "de facto union" |
| Live together? | Not necessary, but must live together for at least two years to be considered a "de facto union" |
| Rights | Do not have the same protections as married couples, e.g., no rights to the family residence if it is in one person's name |
| Separation | No legal proceedings, but a contract can be created to agree on aspects like division of property |
| Inheritance | Not considered heirs and do not inherit anything unless specified in a will |
| Status | Considered single by the Civil Code of Quebec |
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What You'll Learn
Common-law partners are considered single
In Quebec, one out of three couples lives together without being married, and many of these couples mistakenly believe they enjoy the same protections as married couples. However, common-law partners are considered single in the eyes of the law. This means that if they break up, they do not have the same protections as married couples. For example, common-law partners do not benefit from the protection of the family residence if ownership of the home or the apartment lease is in the name of one person only. They also do not have the same property rights as married spouses.
The Civil Code of Quebec does not recognize the common-law status, and de facto partners are not considered heirs. This means that if one of the common-law partners dies, the surviving spouse does not automatically receive benefits related to the sharing of family patrimony or the right to inherit. However, common-law partners can use a contract to agree on various aspects of their life as a couple, including the division of property and support payments. They can also write a will and include everything related to the estate. This is especially important for common-law couples, as without a will, the surviving partner will not inherit anything, and the property of the deceased will be divided between their parents and siblings or their children, depending on their family situation.
To be considered a common-law couple in Quebec, it is not necessary to live together, but to be considered a de facto union, couples must live together for at least two years. This requirement remains the same even if the couple has children together. Proving a de facto union in Quebec may require documentation, often in the form of a cohabitation agreement. While common-law partners are considered single, some laws may include the term common-law spouse in their operation, such as welfare, SAAQ, Régie des Rentes, and income taxes.
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Common-law couples and inheritance rights
In Quebec, common-law couples are officially referred to as "de facto" couples or "de facto union". Interestingly, living together is not a requirement to be considered a common-law couple. However, to be recognised as a "de facto union", a couple must live together for at least two years. This requirement remains unchanged even if the couple has children together.
Despite the popularity of common-law relationships in Quebec, the Civil Code of Quebec does not recognise the status of common-law partners. In the eyes of the law, common-law partners are considered single. This has significant implications for inheritance rights. If a person dies without a will (intestate), their common-law partner is not considered an heir and will not inherit anything. This is because de facto couples do not have the same property rights as married spouses.
To ensure their partner inherits their estate, a common-law couple should create a will. This is especially important for common-law couples, as they do not have the same protections as married couples. For example, if a couple breaks up, common-law partners do not have rights to the family residence if the lease or ownership is in the name of only one person. Additionally, upon the death of a common-law partner, the surviving spouse does not automatically receive benefits related to the sharing of family patrimony.
To summarise, in Quebec, common-law partners do not have automatic inheritance rights. To protect their partner's inheritance, a common-law couple should create a will and take other estate planning steps, such as naming each other as legatees for insurance policies and investment accounts.
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Legal rights of common-law couples in Quebec
In Quebec, common-law relationships are officially referred to as "de facto" relationships or "de facto unions". To be considered a common-law couple in the eyes of the law, it is not always necessary to live together, but a couple is considered common law for tax purposes after living together continuously for at least two years.
De facto couples do not have the same property rights as married spouses. 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. Married spouses also have rights to medical decision-making for their partner, especially in situations where the partner is incapacitated.
In Quebec, de facto partners are not considered heirs and do not inherit anything if their partner dies without a will (intestate). This means that if you or your partner pass away without a will, the surviving partner will not automatically inherit anything. To ensure this doesn't happen, you and your spouse can take certain steps in your estate plans to protect each other, such as naming each other in your wills and adding each other as legatees for insurance policies and investment accounts.
Common-law couples can use a contract to agree on various aspects of their life as a couple while they are living together. The contract can also protect the family home and provide other types of protection if the partners separate. Examples of protections include the division of property, a compensatory allowance, and support payments to one of the spouses. Any adult (common-law or not) can prepare a protection mandate, which gives instructions in advance about how the person who made it wants to be cared for and how their finances should be managed if they become unable to make decisions for themselves.
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Common-law couples and cohabitation agreements
In Quebec, a common-law relationship is when two people make a life together without being married. The law officially refers to these couples as “de facto” couples or a "de facto union". Interestingly, living together is not a requirement to be considered a common-law couple. However, to be recognised as a de facto union, partners must live together for at least two years. This remains the same even if the couple has children together.
Common-law partners are considered single in the eyes of the law. As such, they do not have the same protections as married couples. For example, if a common-law partner dies, the surviving spouse does not automatically receive benefits or the right to inherit, as they would be entitled to in a marriage. Similarly, common-law partners do not have the same property rights as married couples.
To protect themselves, common-law couples can use a cohabitation agreement to outline various aspects of their life together. This can include the division of property, compensatory allowances, and support payments to one of the spouses. Additionally, a will is an important document for common-law couples, as it ensures that the surviving partner inherits according to the deceased's wishes.
It is important to note that common-law couples do have some similar rights to married couples in certain areas, such as federal and provincial income tax, tax programs, and government payment programs based on family income. However, it is always a good idea for common-law couples to seek legal advice to understand their specific rights and obligations.
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Common-law couples and tax implications
In Quebec, a common-law relationship is when two people make a life together without being married. The law officially calls these couples "de facto" couples or a "de facto union". Interestingly, it is not always necessary to live together to be considered a common-law couple.
Now, when it comes to tax implications, there are a few things to keep in mind. Firstly, common-law partners will have access to certain tax benefits, credits, and deductions due to their relationship status. This includes claiming both the federal and provincial spousal amount tax credit if they financially supported their partner during the year. They may also transfer unused tax credits to their partner to reduce the household tax rate, including post-secondary education credits, the Disability Tax Credit, and the age credit.
Secondly, when filing taxes, common-law partners must disclose their relationship status and information about their partner on their tax return. This includes the partner's name, Social Insurance Number, and net income. It's important to note that the definition of a common-law relationship varies from province to province, but in Quebec, to be considered a de facto union, partners must live together for at least two years.
Additionally, the Quebec government only recognizes de facto partners or common-law spouses for tax purposes if they have lived together for at least three years in a conjugal relationship. If they have a biological or adopted child together, they only need to live together for at least one year to be considered spouses for pension plans.
Lastly, common-law couples should be aware that they do not have the same property rights as married spouses. In Quebec, married couples have specific rights to the family or matrimonial home, regardless of whose name is on the title. To protect their assets, common-law couples can use contracts to agree on various aspects of their life together, including the division of property.
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Frequently asked questions
A common-law relationship is when two people make a life together without being married. Quebec law officially calls these couples "de facto" couples or a "de facto union".
No, common-law partners are considered single by law. They do not have the same protections as married couples and do not benefit from the protection of the family residence if ownership of the home or the apartment lease is in the name of one person only.
Common-law partners have certain rights and obligations, including federal and provincial income tax, tax programs such as registered retirement savings plans (RRSPs), and tax-free savings accounts (TSFAs). They also have rights to the Quebec Pension Plan (QPP) and other government payment programs based on family income.
No, de facto partners are not considered heirs and do not inherit anything if their partner dies without a will. However, they can write a will and include their partner as an heir to ensure their partner inherits their estate.
To be considered a common-law couple in the eyes of the law, it is not always necessary to live together. However, to prove a de facto union, documentation such as a cohabitation agreement or proof of shared ownership of residential property may be required.
