Even if you live the rest of your life in a de facto union, you will never obtain the legal status of a person in a marriage or civil union. Under the Civil Code of Québec, de facto spouses are not offered the same protection as married and civil union couples regarding the division of the family patrimony or spousal support.

However, certain laws set out their own criteria for who is considered a "spouse". Some laws treat de facto spouses the same as they do married or civil union spouses. Important factors may be how long the couple has lived together, or whether they have any children together. Here are the main laws that grant spousal status to de facto partners:

• An Act respecting industrial accidents and occupational diseases;
  
• The Automobile Insurance Act;
  
• An Act respecting the Québec Pension Plan;
  
• An Act to promote good citizenship;
  
• Compensation for Victims of Crime Act;
  
• Legal Aid Act;
  
• An Act respecting income support, employment assistance and social solidarity;
  
• Taxation Act;
  
• Income Tax Act.

Note that the rights and obligations accorded by the various statutes to de facto spouses apply to same-sex spouses.

For private health insurance, drug insurance and retirement plans, you should read the definition of “spouse” in the document establishing the plan. Many plans recognize de facto spouses.

You cannot inherit property from your de facto spouse unless he/she named you as an heir or legatee in a valid will. If no will exists, the succession will be distributed among the legal heirs set out in the Civil Code of Québec: children, mother and father, brothers and sisters, etc., depending on the situation.

The fact that you have lived with your spouse for many years does not guarantee that you will have financial security if he or she dies. If you co-owned a residence together, you may even find yourself co-owning the residence with the deceased’s legal heirs, possibly even your in-laws!

To avoid such situations, it is a good idea for each of you to draft a will expressing your final wishes and intentions in the event of death. For more information, consult the Infosheet entitled Wills.

Furthermore, if either of you were married prior to the de facto relationship, it is important that the marriage be properly dissolved by a divorce. The same is true if you entered a civil union before beginning your de facto relationship: this civil union must be dissolved in one of the manners provided by law.

Why is it so important to dissolve a prior marriage or civil union? A will does not affect the division of either the family patrimony, the matrimonial or civil union regime, or the civil union or marriage contract that existed with the previous spouse. This means the de facto spouse might find herself having to settle the deceased’s succession with his previous spouse! Moreover, most private pension and drug insurance plans do not cover a de facto spouse if the deceased also leaves a surviving spouse by marriage: the latter could receive all the spousal benefits under the plan.

When a de facto couple breaks up, both parties may try to split the property on friendly terms. Of course, things can get a little more complicated when this is not possible...

The basic rule is the following: each party keeps the items that he or she acquired, even if they were intended for family or household use. It will not always be easy to prove which spouse purchased which item and is consequently entitled to keep it. If you don't have the bill or other similar type of proof, the court will probably need to intervene and settle the dispute.

Although tedious, it is a good idea to keep the receipts for every purchase you make during the relationship and make sure that they are in your name. If both of you purchase a good together, make sure to write both names on the receipt.

If there is disagreement over how commonly-acquired items should be distributed, either spouse can apply to the court for an “action in partition”.

Only if your ex-spouse agrees to this. In order for people who are neither married nor in a civil union to transfer amounts put into their pension plans (both public and private), they must together ask the plan’s administrator to do so.

Since you were neither married nor in a civil union, you do not have a right to spousal support payments. This is true even if you are not financially independent at the time of the split because, for example, you quit working to take care of the children.

On the other hand, you may seek support payments for your children if you are the custodial parent. For more information on this subject, consult the Infosheet entitled The Quebec model for the determination of child support.

Yes. The protection afforded the family residence under the Civil Code of Québec does not apply to de facto spouses. Consequently, the owner of the common residence can sell it, mortgage it or rent it without the consent of the other spouse.

The best way for de facto spouses to protect themselves when it comes to their common residence is to either register the property in both their names or to both sign the rental lease.

If the spouses co-own the residence at the time of their break-up, they may decide to sell the property and split the income or one may buy the other’s share. If they cannot agree on a solution, either one can apply to the court for partition. For more information, consult the Infosheet entitled De facto spouses and undivided co-ownership.

If the spouses share a rented dwelling, they may agree that one of them will continue to live there and pay the rent while the other one leaves. The law does not offer any solution if both spouses want to remain in the dwelling, so it is best for the couple to reach an agreement.

Things are a little different if the spouses have children together. The court may decide to grant use of the residence to the children, and consequently to the custodial parent, even if it is solely owned by the non-custodial parent. This right of use stems from the parents’ obligation to support their children and is only granted if it is in the children’s best interest. It is not ownership but rather the right to temporarily reside in the residence.

There is no need to adopt a child born of your de facto union. What is important is that the child’s filiation is clearly stated on his birth certificate; in other words, both his parents must be identified.

A child born of a de facto union has the same rights and obligations as a child born of a marriage or civil union.

In general, the parental relationship is established by the act of birth, under the “declaration of birth”. If the parents are in a civil union or married, one of them can fill in the declaration of birth and sign it before a witness (an adult other than one of the parents).

If the parents are neither married nor in a civil union, it is better for them both to sign the declaration of birth before a witness. In a de facto union, neither the biological father nor the de facto spouse of the mother can benefit from the presumption of paternity. This presumption does benefit a mother's married or civil union spouse.

For example, if a father who is unmarried does not sign the declaration of birth, his paternity will not be registered in the act of birth, and “father not stated” will appear on the child’s civil status documents. The father would then have to go to court if he wanted to have his paternity recognized. For more information, consult the Infosheet entitled Act of birth.

The rules governing parents' obligation of support toward their children apply regardless of whether they are born of a marriage, civil union or de facto relationship.

If you have sole or shared custody of your child, the amount of support will be set according to the Quebec model for the determination of child support payments. For more information, see the Infosheet on this topic.

Remember that even if custody is shared, one of the parents may be required to pay support, particularly if his income is greater than that of the other parent.

In principle, the law does not grant any rights or impose any obligations on a de facto spouse who is not the parent of a child residing in the same dwelling.

However, any decision made regarding the child must be made in the child’s best interest. If you and the child enjoy a strong, close relationship, you may obtain, either amicably or through a court order, access rights in order to maintain this relationship. In certain particular circumstances, you may even obtain custody of the child. For more information, consult the Infosheet entitled Exercising access rights.

In general, the Civil Code of Québec does not grant de facto spouses the legal status of spouse. Nevertheless, some de facto couples still want to benefit from the rights and obligations enjoyed by people who are married or in a civil union.

One way to achieve this is to sign a cohabitation contract specifying the value of each spouse’s assets, the distribution of responsibilities that arise when living together, and the consequences in the event of a break-up. For more information, consult the Infosheet entitled Cohabitation contracts.

In addition, it is a good idea to sign a “mandate in anticipation of incapacity”. This is a document stating your wishes if you were to become incapable of taking care of yourself or managing your property. In this mandate, you appoint a person to take care of you and manage your property; nothing prevents you from naming your de facto spouse.

You may also grant a power of attorney to your de facto spouse, authorizing him or her to make decisions for you in your absence or under certain circumstances.

Also, remember to make a will and to amend it when necessary. A will cannot transform your de facto union into a marriage or civil union, but it allows you to leave your assets to whomever you choose, to name the liquidator of your succession, and to express your final wishes.

In this situation, the courts have recognized two options of recourse available specifically to de facto spouses.

The first recourse is based on the existence of a “tacit partnership”. For example, you start a business together, but it is registered only in your spouse’s name. Both of you invest time, money, and energy; you share the profits and losses. In short, your true intention is to establish a joint enterprise. If you are able to prove this intention, you may be successful in dividing the business and obtaining your rightful share.

The second recourse is based on the unjust enrichment of one spouse at the expense of the other spouse. For example, let's say your spouse owns a company, and you contribute in many ways without receiving anything in return. Essentially, your spouse is getting richer while you are getting poorer (as you are being deprived of the salary you could earn at another job). You must prove that there is a connection between your spouse’s enrichment and your impoverishment and that nothing, except the affection you feel for your spouse, justifies this state of affairs. Here is another example of unjustified enrichment: you pay for all the household expenses while your spouse, who has a job, invests and saves up.

It is extremely difficult to prove these types of situations and to assess any compensation your spouse could owe you. It is a good idea to consult a lawyer on this matter.