Common law spouses do not have the same rights as married couples in case of breakup.
Although, recently, this condition was nearly reversed in Quebec, the rights of common law spouses differ from those of married couples in case of separation. Effectively, common law spouses do not benefit from:
- Protection of the family residence in the event a single spouse is the property owner or of the common law spouses rent the residence;
- Of partitioning of couple's estate unless a specific agreement provides to the contrary;
- Of a « compensatory benefit » for work performed to the spouses' benefit during the term of the common law union; or
- Of the right to claim alimony payments for him/herself.
Nevertheless, things could change. Since the Supreme Court decision in the case of Eric vs Lola, a Quebec government committee has been created whose mandate is to study how the rights of common law spouses could be better protected from a legal standpoint. Something to keep an eye on.....
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