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Family law and couples

De facto union

Customs change. Nowadays, many couples decide to live together without getting married or entering into a civil union. Uncertain as to choice of spouse, disillusioned by a previous marriage, or simply unwilling to make a commitment, an increasing number of unmarried couples are living together. If you are among them, you may be wondering about the legal aspects of your situation. One thing you should know is that whether you and your de facto spouse have lived together 3, 5 or even 20 years, you will not be granted the same legal status as a married or civil union spouse.

My house or our house?

Remember that the rights under the Civil Code of Québec to the protection of a family residence and the obligatory division of family patrimony in the event of separation are granted only to legally married couples or to couples in a civil union.

A de facto spouse who is the sole owner of the family residence may sell or hypothecate it without the consent of the other spouse. In the event of separation, the registered owner of the residence keeps it for himself and may even sell it alone without splitting the proceeds of sale with his former de facto spouse.

If you plan to buy a house, why not do so in undivided co-ownership (i.e. with both your names as purchasers in the deed)? If you are both owners, you are both adequately protected and, at the time of resale, both benefit from the increased value of the house purchased jointly.

Children

Children born of a de facto marriage have the same rights and obligations as children from a legal marriage or civil union. Therefore, there is no need for parents to adopt such children. As is the case for all other children, the child may be given the surname of the mother or the father, or a combination of the two.

In the event of death

Even if you spend your entire life with a de facto spouse, you will not be his or her legal heir when he or she dies.

The most elementary prudence dictates that de facto spouses who wish to leave their assets to their spouse when they die should draw up a will. Without such a will, the family of the deceased de facto spouse inherits the succession in accordance with the Civil Code of Québec. Furthermore, you will not be able to collect your de facto spouse’s life insurance unless he or she has designated you in writing as the beneficiary of the policy, either in the policy itself or by will.

In the event of separation

De facto spouses without financial resources are not entitled to support in the event of separation. However, child support may be requested on behalf of children born of such a de facto union.

Even if the parents live separately, they continue to have parental authority over their children. Therefore, full rights of access cannot be opposed unless there are serious reasons for doing so.

Assets accumulated during cohabitation must be divided in accordance with proof of ownership, unless otherwise indicated in a joint agreement. Hence the importance of keeping all receipts and bills showing ownership of property acquired during the de facto union.