What happens to our property if we are neither married nor in a parental union?

In detail

The rules of the Civil Code of Quebec on the family patrimony do not apply to de facto spouses. JuridiQC states the rule simply: “the owner of the property is generally the person who bought it”.

This is where proof becomes decisive. JuridiQC notes that proof of purchase, such as an invoice, helps identify the owner. Without a document, an item bought by you but used by both can become difficult to claim, and conversely an item you paid half of but that was invoiced in the other's name can be contested.

A cohabitation agreement is the tool designed to avoid this: it lets you set out in advance what belongs to whom and how property will be divided if the relationship ends.

What to document

For each significant item of property: the invoice, the bank or credit card statement showing who paid, and each person's share. If you contributed without being named on the invoice (payments, Interac transfers, mortgage payments), keep every trace with the date and the amount. Years later, that is often all that is left.

Official sources

• JuridiQC — De facto spouses: how is property divided on separation?
• Gouvernement du Québec — Separation of couples in a de facto union

Related questions

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