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I do...or do I?

Most of the time, Bruno and Maude get along amazingly well. But since Bruno’s mother stayed over last weekend, the couple hasn’t gone a day without arguing. Bruno has taken his mother's side on a pretty big issue: he believes that now that Maude is pregnant, the two of them should get married. Maude disagrees...

Maude just can't see the point of spending all that money when they’re already happy and having a child together. Bruno won't back down on this, though, saying, “Well, if you don’t want to get married, we can enter a civil union instead. With the baby coming, I’d like us to make our relationship official."

Maude doesn’t think it matters. The couple has lived together for over three years and they already feel married to each other in spirit. Maude is convinced that if they separated, both of them would have the same legal rights and obligations as spouses who are married or in a civil union: support payments, half of the family patrimony, etc. What more could a marriage or civil union offer?

Their legal situation won’t change just because they say “I do” in a ceremony…will it?

If Maude and Bruno separate, will the consequences be the same as for married or civil union couples?

No. The emotional consequences are probably the same, but the legal situation is not.

Maude and Bruno are in a de facto relationship (sometimes called a common-law marriage). In Quebec, a de facto union offers none of the rights of a marriage or civil union if the couple separates. Here are some of the differences:

• There is no family patrimony between de facto spouses. This means that Maude cannot claim half of Bruno’s accumulated RRSP savings if they separate. Bruno will not have a right to half the value of Maude’s car, even if the couple shared the vehicle during their relationship.
  
  
• The family residence is not protected as it is in a marriage or civil union. For example, if only Maude’s name is on their lease, then she will keep the apartment if she and Bruno separate. Unless both their names are on the document, Bruno is legally just a guest; he has to leave if Maude asks.
  
  
• There is no right to spousal support between de facto spouses. So the court would not ask Maude to pay spousal support to Bruno, even if she makes much more money than he does.
  
  
• If one of the spouses dies without a will, the surviving spouse will not inherit any property. Only married or civil union spouses can inherit from each other automatically. It is of course possible for a de facto spouse to name the other as the beneficiary in his life insurance.

Will the child be at a legal disadvantage if the parents stay in a de facto relationship?

No. The rules for custody and child support are the same, whether the parents are married, in a civil union, de facto spouses, or not living together at all.

Maude and Bruno have an obligation to provide support and care for their child, no matter what the status of their relationship. If they separate, custody and child support are decided in the same way as for married or civil union couples. Both parents continue to participate in decisions about their child’s education and upbringing.

Bruno and Maude are also entitled to free family mediation to help settle the consequences of their break-up.

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  (http://www.educaloi.qc.ca/en/loi/de_facto_spouses/144/)
Cohabitation contracts   (http://www.educaloi.qc.ca/en/loi/de_facto_spouses/164/)