Common-Law Separation in Quebec: Rights, Assets, Children and Parental Union

You are living common-law and you are separating. Contrary to what many people believe, Quebec does not automatically grant common-law partners the same rights as married couples. No family patrimony, no spousal support between former partners, no automatic inheritance — unless you are in a parental union and your partner dies without a will (the surviving partner then receives a share provided by law). This guide explains what actually happens upon the separation of common-law partners, your rights and those of your children, the new parental union regime, and the steps to take. With links to official resources.

Common-Law Partners Do Not Have the Automatic Protections of Marriage in Quebec

This is the least known reality. According to the Protecteur du citoyen, the Civil Code of Quebec does not recognize a specific legal status for common-law partners. Regardless of the duration of your life together — 2 years, 10 years or 30 years — and even if you have children together, you do not have the automatic protections of marriage.

What this means concretely upon separation: no mandatory sharing of family patrimony (house, furniture, vehicles, RRSPs), no spousal support for yourself (only for children), no automatic compensatory allowance, and no inheritance if your partner dies without a will (unless you are in a parental union).

This situation was confirmed by the Supreme Court of Canada in 2013 in the case publicly known as "Eric v. Lola." The Court ruled that Quebec was not required to grant common-law partners the same rights as married couples.

However, your children have exactly the same rights, whether you are married or not. Child support, custody, access rights — all of this applies in the same way.

Division of Assets Between Common-Law Partners

According to JuridiQC, the basic rule is simple: each person leaves with what belongs to them. The partner who is the sole owner of an asset can keep it, sell it or give it away without having to account to the other.

If you are co-owners of an asset (for example a house purchased in both names), you must agree on who keeps it. The one who gives up their share can request financial compensation. You can also decide to sell the asset and divide the proceeds.

If you are not a co-owner but you contributed financially to the purchase or improvement of an asset belonging to the other (for example, you paid for renovations on their house), the situation is more complex. You may have a claim based on unjust enrichment, but you would need to prove it before a court — which is costly and uncertain.

Practical tip: always keep your proof of purchase, invoices and bank statements. In the event of separation, it is proof of ownership that determines who leaves with what. An AI assistant like Claude, ChatGPT or Gemini can help you draw up a structured inventory of your assets, identify those you own and those that are jointly owned, and organize your evidence before consulting a lawyer.

The Family Residence: Who Stays, Who Leaves?

According to Éducaloi, it is the owner partner who decides whether to allow the other to stay or whether they must leave. If both partners are co-owners, each has the right to stay and cannot force the other to leave.

In the event of conflict or emergency, it is possible to request temporary measures (for example a safeguard order) for occupation of the residence and for the children. If you are a tenant and your name is not on the lease, the situation is even more precarious: you generally have no right to remain in the dwelling after separation, unless the parental union regime applies to you (see below).

Important: unlike married couples, there is no "family residence declaration" for common-law partners (except under the parental union regime). Under parental union, a partner can register a family residence declaration in the land register to strengthen protection. Outside of this framework, your owner partner could sell or mortgage the house without your consent.

No Spousal Support Between Former Common-Law Partners

According to the Quebec government, common-law partners have no support obligation toward each other. Even if you lived together for 20 years and sacrificed your career to take care of the family, you cannot claim spousal support for yourself from your former common-law partner.

This is one of the most striking differences from marriage. A cohabitation agreement (see below) can however provide for a form of financial support in the event of separation, but only if both partners signed it before the separation.

Note: even under the new parental union regime (since June 2025), there is still no spousal support between former common-law partners. According to Éducaloi, in parental union, there is no spousal support between the parents (unlike marriage). However, a compensatory allowance is possible.

Child Custody and Child Support

This is where the rights are identical, whether you are married or not. Both parents have a support obligation toward their children. According to the Quebec government, this obligation persists even if the parents end their relationship. Child support can be claimed for a minor child and, in some cases, for an adult child.

For custody: the parents can reach an amicable agreement, with the help of a family mediator if necessary. If they cannot agree, a judge will decide based on the child's best interests. The process is the same as for married couples.

For child support: the calculation is made according to the same Quebec model as for married couples (parents' income, number of children, type of custody, special expenses). The parents must complete the Child Support Determination Form.

To modify an existing judgment: if both parents agree, they can use the joint modification application form specifically designed for separated common-law partners. SARPA can also be used to modify the child support amount for a child under 18, if a judgment already sets the support and the eligibility criteria are met.

Free family mediation: if you have dependent children, you are entitled to the same free mediation hours as married couples: 2.5 hours of information on parenting after separation, in addition to up to 5 hours of mediation (first approach) or up to 2.5 hours (revision). Common-law partners have full access to this service.

💡 AI Tip: you can use an AI assistant to estimate the child support amount by providing your income, the number of children and the type of custody envisaged. It can also help you understand the Determination Form (Schedule I) in plain language. This does not replace the official calculation, but gives you a starting picture.

The New Parental Union Regime (Since June 30, 2025)

This is the most significant change in Quebec family law in decades. Since June 30, 2025, a new regime called parental union automatically applies to common-law partners who have a child in common born or adopted on or after June 30, 2025. According to the Quebec government, no steps are necessary — the regime is put in place automatically at the birth of the child.

What parental union changes:

Parental union patrimony: a set of assets (family residences, furniture, vehicles) whose value is divided equally upon separation, as for married couples. Assets received by donation or inheritance are excluded.

Protection of the family residence: a partner can no longer sell, mortgage or enter into a long-term lease of the family residence without the other's consent. This protection also lasts 120 days after separation.

Compensatory allowance: a partner who became poorer by enriching the other during the parental union can request compensation from the court. According to Éducaloi, this is a right that was previously reserved for married couples.

Inheritance rights: in the absence of a will, the surviving partner in a parental union automatically receives one third of the estate when there are children, according to the rules of legal devolution. Before this reform, a common-law partner inherited nothing without a will.

Can you opt out of parental union patrimony? According to the Chambre des notaires, you cannot opt out of parental union. However, the parents can renounce the parental union patrimony by notarial act, ideally within 90 days following the birth or adoption of the child. If the renunciation is made after this deadline, a sharing may be owed for the elapsed period. The other effects of parental union (protection of the family residence, compensatory allowance, succession rights in the absence of a will) remain in effect as long as the parental union exists.

What if your child was born before June 30, 2025? The regime does not apply automatically. However, you can choose to opt in voluntarily, by mutual agreement, by notarial act or by written contract before two witnesses.

The Cohabitation Agreement: Your Best Protection

Since the law does not automatically protect common-law partners (except under parental union), the best way to protect yourself is to sign a cohabitation agreement. According to the Protecteur du citoyen, this contract can provide for the sharing of responsibilities during the relationship, the measures to be taken in the event of separation or death (division of assets, occupation of the residence, financial support), and the allocation of day-to-day expenses.

This contract must be drafted carefully, ideally with the help of a notary to ensure its validity. It cannot cover everything (for example, it cannot circumvent the rules on child support), but it fills the legal void that the law leaves for common-law partners.

💡 AI Tip: an AI assistant can help you draw up a list of points to cover in a cohabitation agreement (allocation of expenses, ownership of assets, clauses in case of separation). This allows you to prepare your meeting with a notary efficiently and reduce the time (and cost) of the consultation.

Going to Court as Common-Law Partners

Unlike divorce, the separation of common-law partners does not require a judgment to end the relationship. However, if you have children and you cannot agree on custody or child support, you will need to file a request with the court.

According to Éducaloi, obtaining a trial date and a separation judgment can take months or even years. However, you can request a safeguard order from the court to temporarily settle urgent matters (child custody, child support, use of the residence), within a few days or weeks.

Since June 30, 2025: files involving common-law partners under the parental union regime are heard by the Court of Quebec (Unified Family Court). If you are common-law partners without parental union and have children together, requests concerning custody and child support must be filed with the Superior Court (civil division).

How Artificial Intelligence Can Help You

Throughout this guide, we have mentioned concrete ways to use AI. Here is a summary of situations where an assistant like Claude, ChatGPT or Gemini can save you time and money:

Determining whether parental union applies to you: describe your situation (date of birth of your children, are you a couple, are you married) and the AI will tell you whether the new regime applies automatically or not.

Understanding your rights vs those of a married couple: ask for a clear comparison between your situation as common-law partners and what you would have had if you were married. This is often revealing.

Preparing an asset inventory: list your assets, who paid for them, who owns them, and the AI will help you identify jointly owned assets and those that could pose a problem.

Translating a judgment or form: copy a legal document and ask for a plain language explanation, paragraph by paragraph.

Preparing the points of your cohabitation agreement: the AI can propose a contract structure covering the essential points, which you can then have reviewed by a notary.

⚠️ Warning: AI can make mistakes. Always verify information with the official sources cited in this guide. For any important decision, consult a lawyer, notary or accredited family mediator.

Official Sources and Useful Resources

Official Sources

📌 Separation of Common-Law Couples — Government of Quebec

📌 Parental Union — Government of Quebec

📌 Family Residence in Common-Law Union — Government of Quebec

📌 When a Couple Separates — Government of Quebec

📌 Free Family Mediation — Government of Quebec

📌 Forms — Separation and Divorce — Government of Quebec

Plain Language Resources

📌 Being in a Parental Union — Éducaloi

📌 Division of Assets in Parental Union — Éducaloi

📌 The Family Home upon Common-Law Separation — Éducaloi

📌 Safeguard Order — Éducaloi

📌 Dividing Assets upon Separation — JuridiQC

📌 Rights of Common-Law Partners — Protecteur du citoyen

📌 The Parental Union Regime — Chambre des notaires du Québec

📌 Common-Law Union, Your Couple and the Law — Réseau juridique du Québec

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Other Guides from Justice-Quebec.ca

➡️ Child Support in Quebec — Calculation, Request, Modification and Enforcement

➡️ Shared Custody in Quebec — Court Criteria, Parenting Schedule and Remedies

➡️ Divorce in Quebec — Steps, Costs, Division of Assets and Options

➡️ Self-Representation in Court — The Complete Guide

➡️ Legal Aid in Quebec — Eligibility and Process

➡️ Free Family Mediation — How It Works

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This guide does not constitute legal advice. The information is provided for informational purposes only and is based on the official sources cited. Always verify deadlines and amounts with official sources or the registry of the relevant courthouse. The author of this site is not a lawyer.