FAQs
The law is complex and misconceptions abound. Here are answers to the most frequently asked questions at the notary firm of Michelle Tremblay, to help you gain a clearer understanding.
After several years of living together, are my partner and I automatically considered legally married?
This is a widespread but false belief. In Quebec, regardless of the length of your cohabitation (even after one year for tax purposes), living in a common-law relationship does not grant you the legal status or automatic protections of married couples. For example, if your partner is the sole owner of the family home, they could decide to sell it without your consent.
The important nuance (New law 2025): Since June 30, 2025, the law has created a new regime of "parental union".
If a child is born from your union after June 30, 2025: You now benefit from a safety net similar to marriage.
If your children were born before this date OR if you have no children: You are not automatically protected.
The solution proposed by Michelle Tremblay
For couples without children, a cohabitation agreement is essential to define your rules. For parents of children born before June 2025, we can draft a contract to allow you to voluntarily submit to the new law and benefit from its protections.
I've invested a lot of time and money (renovations, maintenance) in the house that belongs to my spouse. Am I protected if we separate or if he dies?
Unfortunately, nothing is guaranteed. Without a written contract, the time and love invested in each other's property ("sweat equity") do not automatically grant you ownership rights or a refund. In the event of death or separation, recovering this investment can be very difficult, if not impossible.
The solution proposed by Michelle Tremblay
Prevention is key. A cohabitation agreement allows you to quantify and formally recognize these investments in the event of separation. A notarized will protects the surviving spouse in the event of death.
If my common-law partner dies, do I inherit their assets before their family?
No, not automatically. If your spouse dies without a will, the Civil Code of Quebec stipulates that the inheritance goes to blood relatives (children, parents, brothers and sisters), and not to the surviving common-law partner.
(Note: The new parental union law of 2025 only changes the game for couples who are parents of children born after that date, but even then, a will remains the safest tool).
The solution proposed by Michelle Tremblay
Drawing up a notarized will. This is the only indisputable way to designate your spouse as an heir and ensure that your wishes are respected, thus protecting their future.
I don't want an inheritance from a relative. Is it enough to simply tell my family verbally that I'm renouncing it to avoid being involved?
No, a verbal declaration has no legal value. The law is strict: if you do not formally renounce an inheritance, you could be considered to have accepted it. The danger? You could become liable for the deceased's debts, even if they exceed the value of the assets they leave behind.
The solution proposed by Michelle Tremblay
To protect yourself from the debts of an insolvent estate, you must sign a notarized deed of renunciation. We can prepare it quickly to secure your claim.
