Common law partners; from the verbal agreement to the written one

Here is what the Supreme Court of Canada said in its January 25th, 2013 judgement; Quebec (Attourney General) v. A, 2013 CSC 5  :

« Since the de facto union is not subject to the mandatory legislative framework that applies to marriage and the civil union, de facto spouses are free to shape their relationships as they wish, having proper regard for public order. They can enter into agreements to organize their patrimonial relationships while they live together and to provide for the consequences of a possible breakdown. »

In fact, in Quebec, contrary to popular opinion, de facto spouses do not benefit from any protection in case of a breakdown of their union no matter how long they have been together.

Contrat de vie commune Québec

Common law partners do not have any obligation or any right towards each other.

For example, de facto spouses 

  • Do not inherit each other in case of death of one of the partners.
  • Do not share movable or immovable property accumulated during their relashionship.
  • Cannot claim alimony for themselves.
  • Cannot prevent the de facto spouse owning the house or the furniture used by the couple, from selling, mortgaging or renting it.

Me Robert Ledoux, who has a master degree in law on this very same subject, is in a position to advise you and draft the best common law partenership agreement representing both your interests and common decisions.

This agreement will allow you to define the rights, obligations, responsibilities and the protection offered to each partner in the relationship as well as after the relationship has ended.

It can plan the management and the sharing of movables and immovables, your assets and debts . It can also include the contributions and responsibilities of each one to the relationship and the equivalent of alimony in case of separation.

The undivided co-ownership agreement is a very useful contract when you own a house, a condo or land together. It allows you to agree on the contribution of each one to the purchase price, the fees, the upkeep, the repairs and the mortgage payments. It can also anticipate the sharing of the immovable in case of separation or death. This particular agreement can be inserted in a common law partnership agreement.

You decide yourself of the clauses and the conditions of your own common law partnership agreement. Each agreement is personalized to respond to the needs of each couple living in a de facto relationship.

Me Robert Ledoux, LLM, Partner of your decisions!