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November 2007
Current event... the myths about de facto unions are still around!
A recent survey conducted by the Chambre des notaires du Québec revealed that most couples in a de facto or common law union are ill-informed about their rights. Many think that after living together for several years, they can count on the same protections as married couples. But, this is false!
Joint property, rights in case of death, support... In the text that follows, Éducaloi sets the record straight on the main myths surrounding the status of people in a de facto union, also called de facto spouses.
If my spouse dies, I inherit her property, even if she did not make a will. True or false?
False. A de facto spouse is not one of the heirs designated by the law when a person dies without a will. Instead, other members of the person’s close family (children, parents, brothers and sisters...) will inherit her property if she dies without making a will in your favour. If you were a co-owner of property, you will become a co-owner with these people!
To find out more, read our Infosheet called
De facto unions.
If I separate from my spouse, I will get half of the property that he got while we were together. True or false?
False. When de facto spouses separate, each has the right to take property that he paid for. It is a good idea to keep the invoices... as for property bought together, the spouses can make an agreement about what to do with this property or they can divide it.
A de facto spouse has no rights in property that legally belongs to the other spouse. This is true even for the condo for which you have paid half of the mortgage payments and condo fees for the last seven years!
To find out more, read our Infosheet called
De facto unions.
If I separate from my spouse, I will have the right to get support because I make less money than him? True or false?
False. Only the children have the right to receive support. The de facto spouse does not have the right to get support from her ex, even if she left her job to take care of the children for many years and, therefore, lost her competitiveness on the job market.
To find out more, read our Infosheet called
De facto unions.
Ok, but it’s different if we have been together for three years or if we have a child together. Isn’t it?
Not at all! Even after living together for 30 years and having a flock of children and grandchildren, de facto spouses will never have the status of spouses who are married or in a civil union. Certain mechanisms of protection (spousal support, family patrimony, inheriting in case of death without a will, special status of the family home, etc.) are only available to spouses who are married or in a civil union.
Small consolation, some laws of a social nature recognize de facto spouses. For example, a de facto spouse can get a surviving spouse’s pension from the Régie des rentes du Québec when his spouse dies, if he lived with the spouse for at least 3 years.
To find out more, read our Infosheet called
De facto unions.
