In Quebec, many couples live in de facto unions without getting married. However, in the event of a breakup, many discover that the rights of common-law partners are very different from those of married couples.
Parents of a child born or adopted on or after June 30, 2025, benefit from a new law introduced in the province that provides better protection for the parties involved.
Whether you are eligible or not, it is best to understand the legal implications and the range of options available to parents before separating.
What is common-law status?
In Quebec, a common-law partner is a person who has been living in a conjugal relationship with another for a certain period of time without being married. Contrary to popular belief, there are no automatic rights for common-law partners, regardless of the duration of the relationship.
Division of property after a separation
Unlike marriage, common-law partners do not benefit from an automatic division of property, such as the family patrimony. Each person leaves with what they own, unless an agreement or proof of unjust enrichment can be established.
Spousal support between common-law partners
The law does not provide for spousal support between former common-law partners. Such support is only possible if both parties have provided for it in a written agreement before the separation.
Legal impacts of the separation of common-law partners
Even if no official ceremony is required to separate when you are common-law partners, the consequences of such a breakup are very real, especially when a shared home, children, or shared finances are involved. The absence of a formal legal framework can make the separation more complex, which is why it is important to understand the rights and possible recourses for each situation.
Child support
Separation between common-law partners with children involves clear legal obligations:
- Establishing parental custody (sole, shared, or alternating).
- Determining child support based on income.
- Sharing child-related expenses (childcare, school, health, etc.).
- Parental authority.
It is often necessary to complete the child support determination form, just as it is for married parents.
Family patrimony
The issue of the family home is central to any separation. If both common-law partners took out a mortgage together, it is essential to determine who will continue to make the payments or if the property will be sold.
Furthermore, if the couple acquired a house during the relationship, it may be relevant to consult a lawyer to clarify the legal situation, especially if there is no cohabitation agreement in place. This type of situation often results in undivided co-ownership, meaning both partners own the property together without a physical division of shares. In the event of a separation, the house must either be sold or an agreement reached to buy out the other’s share.
The division of pension funds, the mortgage, or the separation of property for common-law partners sometimes requires court intervention to settle financial responsibilities. Partners must divide property according to who owns it. In the absence of a cohabitation agreement, each person leaves with what is in their name. Housing can pose a problem if only one of the two is listed as a tenant or owner.
However, specific rules apply to couples whose child was born on or after June 30, 2025, and to whom the law on parental union applies. In this situation, there will be a division of the value of the principal family residence, as well as the furniture and vehicles used by the family during the period of cohabitation.
Debts and unjust enrichment
In cases where one partner has been enriched at the expense of the other during the relationship (for example, through significant contribution without compensation), it is possible to seek compensation for unjust enrichment in civil court.
What are the legal options?
1. Negotiate an agreement.
If the breakup is amicable, it is possible to draft an agreement before a notary or lawyer regarding custody, support, and the distribution of property.
2. Use mediation
Family mediation is strongly recommended. It is subsidized for parents (up to 5 hours offered by the government). It helps reduce the costs and stress associated with a separation.
3. Have an agreement validated by the Court
An agreement can be homologated by a judge to make it legally enforceable. This is recommended when children are involved.
4. Consult a lawyer
In the event of a dispute, or if one partner refuses to cooperate, it is important to consult a family law lawyer. They can help you:
- Determine your rights.
- Draft documents.
- Represent your interests in Court.
How to prepare for a common-law separation
Here are some practical tips to facilitate the transition:
- Create an inventory of assets (with proof of purchase if possible).
- Keep financial documents (bank statements, invoices, sales contracts, etc.).
- Determine a post-separation budget.
- Discuss custody in a constructive manner.
- Consult a family law lawyer.
Protecting your rights before a separation: the cohabitation agreement
A cohabitation agreement can cover several aspects:
- The division of property.
- Financial responsibilities.
- The use of the family home.
- Child custody in the event of a separation.
It is preferable for a cohabitation agreement to be notarized to avoid any future disputes.
Finding support to assert your rights
Even if it may seem simple, the separation of common-law partners in Quebec involves important legal nuances. Every family situation is unique, and the rules that apply can vary depending on the presence of children, their date of birth, the financial situation of the former partners, and existing agreements. It is therefore essential to fully understand your rights and recourses.
Summary
● How is property divided for common-law partners in Quebec?
There is no specific law for common-law partners after a separation, unless you are subject to the new law as a parent of a child born on or after June 30, 2025.
● Am I entitled to spousal support as a common-law partner?
If you were not married, you can claim child support, but not spousal support for yourself.
● What are my rights regarding the division of my property if I am not married?
Your rights differ depending on whether your child was born on or after June 30, 2025, according to the application of the law.
● What administrative steps should I take after a separation?
Even in the case of an amicable agreement, it is often preferable to have your steps validated by a legal professional to ensure their legal validity and long-term applicability.
● Is it mandatory to consult a lawyer for my separation?
The intervention of a lawyer is not mandatory. However, a legal professional will ensure the legal validity of your steps and their long-term applicability.
