In Quebec, common-law partners who separate are, as a rule, not entitled to a division of the family patrimony, to spousal support from each other or to inherit without a will. Each partner leaves with the property that belongs to them. Since June 30, 2025, however, the situation has changed for couples who become parents of a child together: they are automatically in a parental union, a regime that gives them certain protections.
Here is what the law provides for common-law partners, with or without children, and what the new parental union regime brings.
What is a common-law union in Quebec?
Common-law partners (“conjoints de fait”) are two people who live together as a couple without being married or in a civil union. Several laws, particularly tax and social laws, recognize common-law partners after a certain period of living together. But the Civil Code of Québec, which governs the rights of partners towards each other, did not until recently give them any protective regime in the event of a breakup.
Separation of common-law partners: what the law does not provide
If you are common-law partners and you are not in a parental union:
- no family patrimony: the division rules for married couples or couples in a civil union do not apply;
- no support between former partners: former common-law partners have no legal support obligation towards each other;
- no special protection of the family residence: the owner can, in principle, deal with their property;
- no right to inherit without a will: if there is no will, a common-law partner does not inherit;
- no automatic division of earnings registered with the Québec Pension Plan: this division is only possible if both partners apply for it jointly.
Each partner therefore keeps the property in their own name. Property bought together, such as a co-owned house, is divided according to each person’s share. In some situations, a partner who helped enrich the other without anything in return may consider a court action; these actions are complex and call for legal advice.
Rights that do not depend on the couple’s status
Children have the same rights whether or not their parents were married. After a separation:
- both parents keep parental authority;
- custody is decided according to the child’s best interests (read our guide on child custody in Quebec);
- both parents’ support obligation towards the child remains, and support can be set under the Quebec model (see how child support is calculated).
The parental union: the new regime since June 30, 2025
Who is covered?
A parental union is formed automatically when common-law partners:
- become parents of a child together, born or adopted on or after June 30, 2025;
- live together;
- publicly present themselves as a couple.
Common-law partners who were already parents of a child together on June 30, 2025 are not automatically covered, but they can choose, by mutual agreement, to opt into the regime. The parental union ends if the partners separate, marry or if one of them dies.
The parental union patrimony
Forming a parental union creates a parental union patrimony made up of:
- the family’s residences;
- the furniture in those residences;
- the motor vehicles used for family travel.
When the union ends, the value of this property is divided equally, regardless of which partner owns it. Unlike the family patrimony of married couples, the parental union patrimony does not include RRSPs, pension plans, earnings registered with the Québec Pension Plan, money in the bank or investments. The partners can add property to it if they wish.
Can you opt out?
You cannot withdraw from the parental union itself, but the partners can, by mutual agreement, remove property from the parental union patrimony or opt out of it entirely. This must be done by notarial act and cannot be done before the parental union begins. It is also possible to renounce all or part of this patrimony at the time of separation.
Other protections of the parental union
- The family residence: the owner cannot sell, mortgage or lease the part reserved for the family without the other partner’s consent. On separation, the court may grant, for a set period, a right to use the family residence to the partner who obtains custody of a child.
- The compensatory allowance: a partner who became poorer while contributing to enrich the other partner’s patrimony, in property or in services, can ask the court for compensation.
- Inheritance: if there is no will, a partner in a parental union can inherit from the deceased partner.
- The time limit to sue the other partner: the limitation period does not run during the parental union; it starts at separation.
What the parental union does not provide
Partners in a parental union have no support obligation towards each other: it is not possible to claim spousal support between former partners. Child support, however, remains payable.
How to protect yourself: the cohabitation agreement
Whether or not you are in a parental union, a cohabitation agreement lets you plan in advance how your property will be divided, how each partner contributes to expenses and what will happen if you break up. Both partners must respect this agreement, and you can apply to the court to enforce it. Clauses concerning the children may, however, be changed by a judge to protect their rights.
A will is also essential to protect your partner if you die. For these questions, visit our estate law page.
Frequently asked questions
After how many years of living together are you “married” in the eyes of the law?
Never. However long you live together, common-law partners are not subject to the rules of marriage, including the division of the family patrimony.
Our child was born in 2024: are we in a parental union?
Not automatically. Partners who were already parents of a child together on June 30, 2025 can choose to opt into the regime, but only by mutual agreement and following the formalities set out by law.
Can my former common-law partner claim support for themselves?
No: the law does not provide for a support obligation between common-law partners, even in a parental union. Child support, however, may be required.
Is family mediation available to common-law partners?
Yes. Separating parents can receive free mediation hours with an accredited mediator, whatever their status. For former partners in a parental union, the law in principle requires them to try mediation before going to court on certain issues, subject to exceptions, particularly where there is violence.
Taking stock of your situation
The rules differ depending on whether you have children, when they were born and the agreements you have signed. A family lawyer can help you see clearly and protect your rights. Our lawyers in Montreal and the West Island, at our Pointe-Claire office, can guide you at every step. Visit our family law page.
To talk about it, call Liverman Arrais at (438) 861-9500 or write to us using our contact form.
This article provides general legal information and does not constitute legal advice. Every situation is different: consult a lawyer for advice tailored to yours.