Common-Law Partners in Québec: A False Sense of Equality
It’s common to believe that after many years of living together, common-law partners in Québec gain the same rights as married couples. This perception is false. No matter how long the relationship lasts, the Civil Code of Québec does not grant common-law partners the same rights as those who are married or in a civil union. In the event of separation or death, this misunderstanding can have significant legal and financial consequences.
1. No Inheritance Rights Without a Will
Unlike married spouses, common-law partners are not recognized as legal heirs. If one partner dies without a will, the surviving partner has no right to any part of the estate. The law determines the heirs — children, parents, siblings — but never the common-law partner.
This means that:
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They will have no access to bank accounts, personal property, or insurance benefits unless explicitly named as a beneficiary.
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The surviving partner will have no rights to the home, even after living there for 20 years, unless they are a co-owner.
A will is therefore absolutely essential to protect the surviving partner in a common-law relationship.
2. Family Property Rules Do Not Apply
The concept of family property which requires the fair division of certain assets (primary residence, furniture, vehicles, pension plans) upon divorce or death applies only to married or civilly united couples.
Even after 30 years of living together:
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There is no legal obligation to share the home, furniture, or pension plans.
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Each person keeps what is in their name, regardless of their actual contribution over the years.
It is therefore a serious mistake to believe that a common-law relationship offers the same protections in the event of separation.
After a separation, married spouses may be entitled to spousal support. This does not exist for common-law partners.
No matter how long the relationship lasted or how financially dependent one partner was:
- The common-law partner has no legal recourse to claim support.
- Even if one partner gave up their career to raise children or support the other, no compensation is guaranteed by law.
Only a private agreement between the partners can establish such an obligation.
Some tax and social laws recognize common-law partners — for example, for income tax, the Québec Pension Plan (QPP), social assistance, or compensation from CNESST or SAAQ. These recognitions are limited, variable, and often conditional on the duration of the relationship (usually at least one or three years, depending on the context).
However, these recognitions have nothing to do with the civil protections of marriage: they do not grant access to property sharing, inheritance rights, or any obligation of support in the event of separation.
To protect themselves, common-law partners must take concrete legal measures:
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Make a will to ensure that the surviving partner inherits;
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Sign a cohabitation agreement to plan the division of certain assets in case of separation;
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Ensure that both names appear on property titles (home, accounts, insurance policies);
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Update the designated beneficiaries in retirement plans and insurance policies.
These measures are voluntary — no automatic protection is provided as it is in marriage.
No matter how long they’ve lived together, common-law partners in Québec do not have the same rights as married couples. The law grants them no inheritance rights, no division of family property, and no spousal support. Those who wish to protect themselves must take concrete steps — through a will, a contract, or formal beneficiary designations. Otherwise, emotional ties will carry no legal weight at the critical moment of a separation or death.
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Éducaloi. Common-Law Partners – What You Need to Know in Québec.
https://educaloi.qc.ca
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Government of Québec. Common-Law Union – Protections in the Event of Death. https://www.quebec.ca
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Chambre des notaires du Québec. What Rights Are Granted to Common-Law Partners? https://www.cnq.org
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Châtelaine. Common-Law Union and Inheritance: Beware of Illusions. https://fr.chatelaine.com
