Since June 2025, a new law has been in force in Quebec for couples who are not married. This law provides greater protection and rights to common-law partners who have children born after June 29, 2025. Accordingly, it introduces the creation of a parental union patrimony under which certain property—particularly the family residence, the household furnishings in it, and vehicles used by the family—must be divided between the partners in the event of separation.
Nevertheless, for all unmarried couples who are not covered by the parental union regime, their rights differ from those of couples who are married or in a civil union. Among the major distinctions between common-law partners and married spouses, aspects such as the family patrimony, spousal support, and inheritance rights stand out.
It is important to note that in this text, the term “married spouses” also includes persons in a civil union.
The right to the division of the family patrimony
According to section 414 of the Civil Code of Québec (CCQ), “marriage entails the establishment of a family patrimony consisting of certain property of the spouses, regardless of which of them holds a right of ownership in that property.” Upon separation, the property listed in section 415 C.C.Q. is subject to an equitable division between the spouses. By contrast, for common-law partners, there is no automatic family patrimony regime. Property acquired during cohabitation is not subject to the same rules as for married couples.
The right to spousal support
For married spouses, in the event of divorce, the law generally provides for the right to spousal support when the needs of one spouse or the other justify it. Spousal support may be paid for a fixed or indefinite period, depending on various factors such as the duration of the marriage, the respective financial contributions, and post-separation financial needs.
By contrast, for common-law partners, there is no obligation to pay spousal support to the other partner in the event of separation.
However, it is important to note that the child support obligation remains, regardless of whether the partners are married or in a common-law relationship, as applicable.
Unjust enrichment
Despite the foregoing, common-law partners may be governed by the principle of unjust enrichment. This is a mechanism that allows a person to obtain financial compensation for their contribution to the enrichment of the other partner’s assets. Where one party is impoverished while the other is enriched, and there is a correlation between the two without apparent justification, the impoverished party may invoke the concept of unjust enrichment to claim financial compensation.
The right to inherit
In Quebec, inheritance differs between married spouses and common-law partners (certain distinctions apply for partners whose children were born after June 29, 2025). Succession rights are governed by the Civil Code of Québec, and the distinctions between these two relationship statuses are significant.
For married spouses, succession rights are more automatic and predictable. Indeed, according to section 653 of the CCQ, “unless otherwise provided by will, the succession devolves to the surviving spouse who was bound to the deceased by marriage or civil union and to the relatives of the deceased, in the order and according to the rules of this title.” Accordingly, the surviving married spouse is generally protected by law in the absence of a will.
By contrast, for common-law partners, succession rights are less automatic. In the absence of a will clearly setting out the deceased’s wishes, the common-law partner does not automatically have a right to a share of the estate, unless they are governed by the parental union regime.
In summary, the rights of common-law partners and married spouses in Quebec present notable distinctions. Contrary to popular belief, the rules applicable to married spouses do not automatically extend to common-law partners. Three major aspects distinguish these two categories of couples: the right to the division of the family patrimony, the right to spousal support, and the right to inherit. However, it is crucial to emphasize that the three rights discussed represent only a fraction of the differences between common-law partners and married spouses. Many other rights and obligations differ between these two statuses. A comprehensive understanding of these differences is essential to ensure adequate legal protection.
In summary
Do common-law partners have the right to a division of property upon separation?
Common-law partners covered by the parental union may be entitled to a division of property acquired during the union following a separation. Nevertheless, if the parties are not covered by the parental union, the rules of co-ownership apply, subject to exceptions.
Does a common-law partner automatically inherit in the event of death?
No. Only common-law partners governed by the parental union may inherit one third of the deceased partner’s estate, in the absence of a will.
Can common-law partners claim spousal support?
No. Common-law partners cannot claim spousal support, but they may claim child support.
How can I protect my common-law partner in the event of death?
It is important to have a will in place to express your wishes.
Does the family patrimony apply to common-law partners?
No. The family patrimony is provided only for common-law partners.
