MYTHS AND REALITIES
Common-law spouses
HERE’S A QUICK TEST,
to see how much you know about your rights…
I’ve been living with my partner for 10 years. I’m entitled to half of everything we’ve bought together.
Did you answer TRUE?
And no!
No matter how long your relationship lasts, there is no common property and everyone keeps what is in their name. You are only entitled to half of the property that is in both names
Did you answer False?
Exact !
You have the right to property that is in your name and to half of that of which you are co-owner.
Did you answer TRUE?
Well, no!
You only have three years from the separation to exercise legal recourse.
Did you answer False?
You are right !
The Civil Code provides that you have three years to file an appeal. Our courts have decided that this period begins when the couple breaks up. After this time, you risk failing!
Did you answer TRUE?
You are right!
Parents have the same rights regarding their children, even if they are not married.
Did you answer False?
Wrong !
Children are treated the same whether their parents are married or not.
Did you answer TRUE?
You’re right !
Quebec is the only province in Canada that does not provide for the payment of alimony between unmarried spouses. Only a cohabitation contract can provide for the payment of alimony for de facto spouses.
Did you answer False?
You are wrong !
There is no law in Quebec that allows a de facto spouse to claim support from the other, except for children.
Did you answer TRUE?
Exactly !
This is the document that protects you, your couple and your family in the event of breakup or death.
Did you answer False?
You are wrong !
A cohabitation contract is made precisely to protect you in the event of termination or death.
Did you answer TRUE?
And no !
Without a will in your favor, it is impossible to inherit from your common-law partner.
Did you answer False?
You are right !
Married people can inherit from each other without a will, but this is not the case for people who cohabit.
Did you answer TRUE?
No!
To have the same rights as married people, you have to be married!
Did you answer False?
Indeed !
People who are not married do not have the same rights as married people, no matter how many years they have lived together.
Did you answer TRUE?
Think again
he could claim compensation for his contribution to the costs or work carried out, if it “enriched” you
Did you answer False?
Correct!
A spouse can claim a share of the house or a sum of money for work carried out, renovations, fees paid, etc.
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