It’s not rare for spouses to purchase a house or condo together without being married or in a civil union. Yet, the law doesn’t provide the same protections to common-law spouses, married couples, or partners with children.
Here’s what you need to know before you sign at the notary’s office.
1. Each Person Leaves With Their Personal Property
In Québec, living together, even for several years, doesn’t grant a couple the same rights and obligations as married spouses or those in a civil union. If the couple decides to separate, no legal rules apply to the division of property as there would be under a matrimonial regime (unless they’re the parents of a child born after June 30, 2025—see section 6 of this article).
Each person, therefore, walks away with whatever property is in their name, unless previously agreed otherwise.
2. Your Name Must Be on the Deed of Sale if You Want to Be Protected
When you acquire a property, the name or names that appear on the deed of sale establish legal ownership. For legal recognition of joint ownership, make sure both your names are listed on the promise to purchase and the notarized title.
3. What You Need to Know About a Joint Mortgage
If you take out a mortgage loan together, you’re both responsible for reimbursing it.
This means that if one of either spouse can no longer pay, the bank can demand that the other person pay the total amount owed (and not just half). It’s therefore essential to have a clear picture of your financial resources before you commit or be sure you have the means to cover the mortgage should anything happen.
4. The Role of the Co-Ownership Agreement
To avoid misunderstandings, it’s strongly recommended that the couple signs an undivided co-ownership agreement or a cohabitation agreement. This document, drawn up with a notary, stipulates:
- each party’s share of the downpayment;
- each party’s ownership share;
- who pays which expenses;
- what happens should one of the parties wish to sell; and
- the rules in the event of a separation.
It’s a tool that offers additional protection and that reduces the potential for conflict.
5. A New Law: The Parental Union for Common-Law Spouses Who Have a Child Together
As of June 30, 2025, a major family law reform has come into effect in Québec with the adoption of Bill 56. Now, when two spouses become parents of a same child (by birth or adoption), they automatically form a parental union.
This regime creates a parental union patrimony composed of certain family property, including the main family residence, the furniture contained therein, and vehicles used for family travel. Should the couple separate, the property must be divided between spouses, whether or not they’re married. In case of death, the surviving spouse also gains new inheritance rights, receiving part of the estate in the absence of a will.
To avoid all this, the couple may, before the birth of the child, decide to
- sign a notarized agreement adjusting the rules of the parental union patrimony (for example, acknowledge one spouse’s initial downpayment prior to division);
- exclude specific property from the regime, as always, with a notarized act;
- establish each person’s contribution in a written agreement, which will allow the courts to assess each spouse’s circumstances more accurately if a dispute arises.
6. Other Protections to Consider
Even though you aren’t married nor have any children together, you can still protect your investment and your partner by
- purchasing life or disability insurance covering the mortgage;
- writing a will to guarantee that if a spouse dies, this person’s portion won’t automatically go to their heirs instead of their spouse.
7. The Guidance of a Real Estate Broker and a Notary
Buying a house as a couple, without being married, remains possible and perfectly safe… so long as you’re well informed. A RE/MAX Real Estate broker can guide you through the process to help you find a property that meets your shared needs, while a notary will ensure all the legal aspects are covered.
In short, with proper preparation, a clear contract, and the support of the right professionals, you can confidently move forward on this life project.