Cohabitation agreement
To live equitably in common-law union
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Common law spouses are two people, of the same sex or of different sex, who live together, without being married or in civil union.
Except for the rules regarding Parental Union, the Code civil du Québec does not recognize the status of common-law spouses and never presumes them as married, no matter how many years the cohabitation has lasted. Therefore, there is no specific protection granted to the common-law spouse by the law.
However, some specific laws recognize the common-law spouses and grant them similar rights to married or couples in civil union, generally after a number of years of cohabitation and/or the presence of a child. The number of years will vary from entity to the next. For instance, the Régie des rentes du Québec may recognize a common-law spouse for admissibility to the surviving spouse’s pension. Fiscal authorities recognize common-law spouses after twelve months of cohabitation. Certain pension funds will recognize also common-law spouses after specific number of years of cohabitation. The large number of laws and their different approach to common-law spouses can mislead the public into thinking they are protected in case of a breakup or death.
It is of the utmost importance to sign a will to protect your common-law spouse in case of death.
Please contact us at 450-332-0355, to know the rules concerning Parental Union.
We hold an expertise in the field of common-law unions and cohabitation agreements in Québec. In addition to having written numerous articles and been invited to many television programs and reports on this subject, our specialists have thought and trained many notaries in private practice in the drafting of cohabitation agreements, throughout Québec, for many years. For more details, consult our section: Nous connaître. We will be able to help you draft a cohabitation agreement that suits your needs, whether you want it simple or very elaborate.
Common law union agreement
Until 2024, the Civil Code of Québec did not recognize common-law spouses. Even with the new regulations regarding Parental Union, there is not necessarily a partition of the family patrimony or matrimonial regime in case of a break-up. Common law spouses have no support obligation toward each other.
It is important for common-law spouses to receive pertinent information regarding parental union, and the possibilities offered by a common law union agreement. Our experts in family law can help you navigate the new regulation regarding parental union, et see whether a common law contract is advisable in your situation. Contact us today!
When drafting a common law union agreement, the spouses decide together what would be the consequences of a breakup. They can choose a protection that is not covered by the law. They can also choose to share certain assets or the whole of their family patrimony. They can choose to give each other an obligation of support while one of them tries to return to work.
Such an agreement can be basic or very elaborate, according to your needs and your wishes.
By mutual agreement, the spouses can also modify the agreement in the future or even cancel it if they deem it is not relevant anymore.
If no specific shares are distinguished in the purchase contract, partners who purchase a property jointly are presumed to be co-owners of the property, in equal parts. By default, when the property is sold, the net proceeds of the sale would be divided equally between the partners.
However, if you and your partner have not invested equally, have different downpayments on this property, you should specify your respective investments in the deed of purchase or in a cohabitation agreement. That will allow each of you to recover your respective investment, in case of a separation or sale of the property.
Unless there is a written agreement between you, there is no partition of the property in case of a separation; the partner who owns the property will keep the property. The other partner will have to leave without any financial compensation.
If the partner who is not the owner invests in the property, it is essential to protect that investment by signing a cohabitation agreement. Contact us today to fix an appointment!
During the first meeting, the notary will help you elaborate the content of your common-law union agreement or your cohabitation agreement so that it suits your situation and your specific needs in regard to your protection.
The agreement can include one or more of these elements, but it is a non exhaustive list :
- Original investment, management and disposal of a property held jointly by the two partners; • Agreement as to the sharing of household and family expenses;
- Partition in case of a breakup of one or several assets (RRSP, pension funds, cars, furniture, etc);
- Spousal support for one of the partners.
The common-law partners can, by mutual agreement and by signing an agreement, give each other the same rights and obligations as a married couple without having a celebration of a marriage.
The cost of an agreement will vary according to its degree of complexity and protection required. At the end of your first interview, after discussing your specific needs, the notary will provide you with a quotation for the professional work that will be required, before any drafting any part of the agreement.
Yes, it is always possible to modify an agreement, however the modifications need to agreed upon by both parties.
We are your family notaries. We can help you.
Our services are available in our offices or remotely. Do not hesitate to contact us.