Common-Law in Quebec: The Complete Guide for Couples (2026)

If you live with your partner in Quebec without being married or in a civil union, you are in a common-law relationship — what Quebec law calls union de fait (de facto union). Quebec is the only province in Canada where common-law couples have historically had almost no automatic legal rights to property, spousal support, or inheritance — even after decades together. That changed partially in 2024 with Bill 12 (Loi 12), which created a new parental union regime for common-law couples who become parents together. This guide explains what the law gives you today, what it still doesn't, and what every Quebec couple should put in writing.

Quebec is different — and you need to know why

In every other Canadian province, common-law couples gain rights similar to married couples after a certain period of cohabitation (1, 2, or 3 years depending on the province). In Quebec, the Civil Code has long treated union de fait couples as legal strangers when it comes to property and support — no matter how long they have lived together.

This means that, traditionally:

• No automatic right to a share of property acquired during the relationship — each partner keeps what is in their name.
• No spousal support at separation — even if one partner stayed home for years.
• No automatic inheritance if your partner dies without a will.
• No automatic claim to the family home if it is in your partner's name only.

This rule has been criticized for decades, especially after the famous Eric v. Lola case (2013), where the Supreme Court of Canada upheld Quebec's regime as constitutional. Bill 12 finally brings partial change.

Bill 12 and the parental union regime (effective June 30, 2025)

Quebec passed Bill 12 (Loi portant sur la réforme du droit de la famille) in 2024, creating the régime d'union parentale — the parental union regime. It came into force on June 30, 2025.

Who it applies to

The parental union regime applies automatically to common-law couples who:

• Live together in Quebec, and
• Become parents of a common child born or adopted on or after June 30, 2025.

It does not apply automatically to:

• Common-law couples without children together.
• Common-law couples whose only children together were born before June 30, 2025 (although they can opt in).
• Married couples or civil-union couples (they have their own regimes).

What the parental union regime gives you

The regime creates a parental union patrimony that is divided 50/50 if the couple separates. The patrimony includes:

• The family residence (whether owned or rented) and the rights that go with it.
• The household furniture used by the family.
• The motor vehicles used by the family.

This is similar to (but smaller than) the family patrimony that married and civil-union couples have in Quebec.

The regime also creates:

• Compensatory allowance rights, recognizing one partner's unpaid contribution to the other's wealth.
• Use rights over the family residence after separation.
• Some inheritance rights for the surviving partner if there is no will.

What the parental union regime does NOT give you

Even under Bill 12:

• No automatic spousal support between the two adults. (Child support, of course, exists separately and is not affected.)
• No division of pensions, RRSPs, or other assets beyond the patrimony listed above.
• No retroactive application to children born before June 30, 2025.
• No coverage for couples without common children.

Opting out

Couples in a parental union can opt out of the regime entirely by notarial act, or modify its rules through a contract. This must be done thoughtfully and with legal advice.

Common-law couples without children: still in legal limbo

If you and your partner do not have a common child together (or your only children were born before June 30, 2025), the new regime does not change your situation. You are still treated as legal strangers under Quebec property law.

What this means in practice:

• The partner whose name is on the mortgage or lease keeps the home.
• The partner whose name is on bank accounts and investments keeps them.
• A partner who took years off work to raise children or support the other's career has no automatic right to compensation.
• A surviving partner has no automatic inheritance if their partner dies without a will.

This is why a cohabitation agreement is essential for any common-law couple in Quebec — and arguably the single most under-used legal tool in the province.

Cohabitation agreements: the document every Quebec couple needs

A cohabitation agreement (also called a contrat de vie commune) is a private contract between two unmarried partners that sets out:

• How property acquired during the relationship is owned and divided.
• Whether one partner will pay support to the other if the relationship ends.
• Who has rights over the family home.
• Inheritance arrangements (in coordination with a will).

A cohabitation agreement can be drafted as a notarial act or as a private writing signed by both partners. To hold up in court, it must be clear, balanced, and signed without duress.

If you are buying property together, moving in together, having children, or merging finances in any meaningful way, you should put your arrangement in writing. Quebec courts will not invent fairness for you after the fact.

Federal vs Quebec: why the rules feel contradictory

Quebec's restrictive rules apply to property and family law (which are provincial jurisdiction). But federal law treats common-law couples differently:

• Tax (Canada Revenue Agency / Revenu Québec): you are considered common-law partners for tax purposes after 12 continuous months of cohabitation (or sooner if you have a child together). You file taxes accordingly, can claim spousal credits, and lose access to some single-person credits.
• Pension benefits (CPP, OAS): a surviving common-law partner can qualify for survivor benefits.
• Immigration: a common-law partner can be sponsored for permanent residence after 12 months of cohabitation.
• Health and other benefits: most workplace benefit plans, including those of federal employees, recognize common-law partners.

So a couple in Montreal can be common-law for taxes and immigration but legal strangers for property — at the same time. This is one of the most misunderstood aspects of Quebec family law.

What about civil unions?

A civil union (union civile) is a Quebec-specific status created in 2002, mainly to give same-sex couples the same rights as marriage before federal marriage was opened to same-sex couples in 2005. Today, civil unions are rarely chosen because marriage offers similar protection nationally. A civil union is not the same as a common-law relationship — it is a formal legal status, like marriage, with full property and support rights.

Separation and what to do next

If your common-law relationship is ending in Quebec, the steps depend on whether you fall under the new parental union regime:

Couples covered by the parental union regime (parents of a child born after June 30, 2025):

1. Take inventory of the parental union patrimony (residence, furniture, vehicles).
2. Negotiate division 50/50 — or follow your opt-out / modified regime.
3. Settle child custody and support separately under Quebec family law.
4. Consider whether a compensatory allowance is owed.

Couples not covered:

1. Each partner keeps property registered in their name.
2. Joint property is divided according to ownership shares.
3. Refer to your cohabitation agreement if you have one.
4. Negotiate the family home arrangement — there is no automatic right to stay.
5. Settle child support if you have children together (this is always payable regardless of marital status).

Mediation is available through the Quebec government for couples with children, often at no or reduced cost. It is faster and cheaper than litigation.

Common mistakes Quebec couples make

• Assuming "common-law marriage" exists in Quebec. It does not. Living together for 7 years gives you nothing automatic on the property side.
• Putting only one name on the deed or lease without a written agreement about the other partner's contribution.
• Mixing finances heavily without documenting who paid for what.
• Counting on inheriting from your partner without a will. Without a will, the entire estate goes to legal heirs (children, parents, siblings) — not the surviving partner.
• Assuming Bill 12 applies retroactively. It does not. Children born before June 30, 2025 do not trigger the parental union regime.
• Mistaking tax common-law status for property rights. They are different systems.

How Nexus Avocats can help

At Nexus Avocats, our family law team in Montreal drafts and reviews cohabitation agreements, advises on the new parental union regime, helps separating couples reach fair settlements, and represents clients in Quebec family courts when negotiation is not enough. We work with both married and common-law couples, in French, English, and Spanish.

If you are moving in together, buying a home with your partner, expecting a child, or facing a separation, talk to us before signing anything — or before walking away.

Frequently asked questions

Is there common-law marriage in Quebec?

No. Quebec does not recognize common-law marriage. Living together — even for decades — does not create the same legal status as marriage. The Quebec Civil Code treats unmarried partners as legal strangers for property and support, with limited exceptions under the new parental union regime since June 30, 2025.

Does common-law in Quebec exist after how many years?

For tax and federal purposes, you are common-law after 12 continuous months of cohabitation (or sooner if you share a child). For Quebec provincial property law, time alone does not create rights — only marriage, civil union, or (since June 30, 2025) the parental union regime if you have a child together.

Do common-law partners inherit in Quebec?

Not automatically. Without a will, your common-law partner inherits nothing from you under Quebec succession law — the estate goes to your children, parents, or siblings instead. To leave property to your partner, you must write a will.

What is the parental union regime?

A new property regime under Bill 12 that applies automatically to common-law couples who become parents of a child born or adopted on or after June 30, 2025. It creates a parental union patrimony (residence, household furniture, vehicles) split 50/50 at separation, plus some inheritance and compensation rights.

Can common-law partners get spousal support in Quebec?

Generally no. Quebec law does not require one common-law partner to pay support to the other after separation, even if they had children together or one stayed home. Child support is always payable regardless of marital status. A cohabitation agreement can create a private support obligation if both partners agree.

Should we get a cohabitation agreement?

Yes — for any Quebec couple living together long-term, especially if you own property together, share finances, or have children. It is the single most effective protection against unfair outcomes if the relationship ends or one partner dies.

Are common-law partners recognized for immigration purposes in Canada?

Yes. Federal immigration law recognizes common-law partners after 12 continuous months of cohabitation. A Canadian citizen or permanent resident can sponsor a common-law partner for permanent residence.

What happens to the family home if my partner's name is on the deed?

If you are not married, not in a civil union, and not in a parental union, you have no automatic right to stay in or share the value of the home. A cohabitation agreement, a co-ownership arrangement, or a documented financial contribution may help, but you should consult a family lawyer immediately if separation is on the horizon.