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Description Closed sectionDescription
A de facto union is when 2 persons, of the same sex or opposite sexes, live together without being in a marriage or civil union, and present themselves publicly as a couple.
A de facto union does not accord the legal protections offered by marriage or civil union, such as:
partitioning of family patrimony
protection of the family residence
the obligation of mutual support
the status of legal heir or surviving spouse
the right to a compensatory benefit
Specifically, in the event of separation or death, de facto spouses are considered to be single in terms civil status.
Nonetheless, a couple in a de facto union can obtain a degree of protection:
by drawing up certain legal documents, such as:
a cohabitation contract
a separation agreement
a protection mandate
a will
a joint ownership contract
a power of attorney
by taking out life insurance on the other spouse, or by being designated the irrevocable beneficiary of the other spouse's life insurance
In addition, a person in a de facto union enjoys certain rights. Among other things, he or she can:
consent to health care for his or her spouse
take over the lease of the spouse's dwelling, if he or she leaves in the event of separation
Legal Recognition of De Facto Union
Certain laws accord de facto spouses the same rights and obligations as spouses who are married or in a civil union. They include the following:
Act respecting industrial accidents and occupational diseases
Individual and Family Assistance Act
Act respecting financial assistance for education expenses
Legal Aid Act
Automobile Insurance Act
Act respecting prescription drug insurance
Taxation Act
Act respecting the Québec sales tax
Act respecting labour standards
Act respecting the Québec Pension Plan
Crime Victims Compensation Act
Such recognition is based on criteria that can vary from one law to another.
Cohabitation Agreement
A couple in a de facto union can draw up a cohabitation agreement (also known as a cohabitation contract) setting out their rights and obligations. Such an agreement provides the spouses with a degree of protection.
Among other things, the agreement can:
set out how financial responsibilities are to be shared
specify the value of each spouse's property
establish the consequences of a separation, such as the partition of common property or the awarding of spousal support
provide for gifts of property between spouses
A cohabitation agreement can be amended at any time with the agreement of both spouses.
The terms of the agreement must be respected by both spouses, otherwise a spouse can petition the court to have them applied.
The court cannot amend the terms of a cohabitation agreement, except for clauses affecting the children with regard to:
parental authority
access rights for visits or outings
Spouses can ask a legal advisor to help draw up their cohabitation agreement, or simply do it themselves.
Clientele and requirements Closed sectionClientele and requirements
The general population.
Publications Closed sectionPublications
Cohabitation Contract (PDF, 11.00 MB)
De facto Spouses (PDF, 495 KB)
Your de facto union – A Wise Choice? (PDF, 605 KB)
Steps for Open sectionSteps for
Obtaining Information about De facto Unions
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Resiliating a Lease
De Facto Union: Separation Agreement
Type of Wills
Signature of the gouvernement du Québec © Gouvernement du Québec, 2020