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July 2005
I do...or do I?
If Maude and Bruno remain in a de facto union, will the government consider them single? What about Maude’s insurance company?
The answer depends on how the term "spouse" is defined by the insurance company or law in question. The definition of "spouse" can vary from one insurance policy or law to another. Sometimes, living together is enough for the couple to be treated as spouses. Other times, the couple must have children together or must have lived together for a certain amount of time.
For example, in order for a person to receive a survivor's pension following the death of her de facto spouse, the couple must have lived together for at least three years (one year if they have childen together).
Since the definition of "spouse" can vary from one law to another, it is always a good idea to contact government agencies when you want to find out more about a particular law.
Bruno has a large debt from when he was a student, plus a maxed-out credit card. Will Maude have to pay these debts if Bruno cannot? What if they get married?
No. Bruno’s personal debts are his responsibility, just as Maude’s personal debts are hers.
Still, in some cases, one de facto spouse may have to pay debts created by the other. Here are some examples:
- If Bruno and Maude take out a joint credit card, they are both equally responsible for the payments, no matter who uses the card.
- If Bruno co-signs a loan for Maude and she misses a payment, he can be held responsible for the debt.
- When both spouses sign a contract, for example a car lease, they are both responsible for paying the cost.
If Maude and Bruno marry or enter into a civil union, the situation changes. If one married spouse takes on a debt to meet the needs of the family, then both spouses are responsible for paying this debt off. The same may be true of civil union spouses, depending on the circumstances.
The rules for personal debts remain the same, though. Maude won’t have to pay for Bruno’s student loan, nor for the credit card purchases he makes for himself – she will only be responsible for debts that are accumulated for both of them or for their child.
Bruno and Maude have decided to stay in a de facto union, but they want some of the legal effects of marriage to apply to their relationship. How can they do this?
De facto couples have many options to choose from. For example, Bruno and Maude may wish to do the following:
- write a will, leaving some property to the other person;
- include both their names on their lease;
- draft a cohabitation contract;
- write a mandate in anticipation of incapacity. This document allows a person to choose someone to take care of him should he become unable to do so. For example, Maude can state that if she can no longer make decisions about her property or medical care, Bruno should take over.
To learn more about this topic, see the following Infosheets:
De facto unions
Cohabitation contracts
