November 17, 2025

Buying a house with your common-law partner

Buying a home as a couple is a big step in your life together. But when you're common-law spouses, the situation is a little more complex. Unlike married or civil union couples, you don't automatically enjoy the same legal protections.

In this article, we explain the key point you need to know before buying a home as common-law spouses. Find out how the parental union regime, in effect since June 30, 2025, works, what property rights you have depending on your situation, what steps you can take to ensure your financial security, and what precautions to take in the event of separation or death. Because a well-informed couple is a better-protected couple!

Who are common-law partners?

Common-law unions are nothing unusual these days: according to the Quebec government, 42% of Quebec couples choose this form of cohabitation. Although a common-law union is very similar to marriage in everyday life, it does not offer the same legal protections.

Generally, common-law partners are considered to be two people who are not married or in a civil union, who are in a conjugal relationship, and whose situation corresponds to one of the following two statements:

They have been living together for at least 12 months.
They are the parents or have legal custody of a same child.

Different laws and institutions define “common-law union” differently for their own purposes, so some criteria may vary.

If you have a child together who was born or adopted on or after June 30, 2025, you are considered to be in a parental union, which changes certain rules.

Married, common-law partners, or in a parental union: which regime applies?

Before buying a home together, you need to understand your situation. The rules differ depending on whether you are married, common-law partners with a child born before or after June 30, 2025, or common-law partners without children.

Married or civil union spouses

Family patrimony automatically protects married or civil union couples under the regime of partnership of acquests. In the event of separation, the assets included in this patrimony are normally divided equally between the two spouses. This includes the family home and household goods, as well as rights accumulated in a retirement plan, such as an RRSP and the Quebec Pension Plan.

Common-law partners with children born or adopted on or after June 30, 2025

The parental union regime automatically applies to common-law partners who have had a child together since that date. It aims to offer protections similar to those of married or civil union couples in the event of separation or death.

In concrete terms, it creates a parental union patrimony, the value of which is accumulated during the regime and divided equally, including:

The family residence(s) (house, condo, cottage, etc.).
Furniture used in the property or properties.
Household vehicles.

In the event of death, the surviving partner automatically inherits one-third of the property, in the absence of a will. Please note: even if the house is in your name, you will need your spouse's permission to sell or refinance it. However, it is possible to opt out of this regime or exclude certain assets by means of a notarized deed.

Common-law partners with a child born or adopted before June 30, 2025

If you have a child together who was born or adopted before June 30, 2025, you can voluntarily enroll in the parental union regime in two ways:

Sign a notarized deed prepared by a notary.
Sign a written contract in front of two witnesses.

By joining this regime, you will benefit from all the protections provided by law, including some that are available to married or civil union couples. However, you can adapt certain rules to your situation and decide, for example, which assets will be included or excluded from the parental union patrimony.

Common-law partners without children

Common-law partners without children do not automatically benefit from protections. However, you can draw up legal documents to remedy this:

A protection mandate, formerly known as a mandate in case of incapacity.
A will.
A cohabitation agreement.
An undivided co-ownership agreement.

Common-law partners without a parental union regime: protect yourself before buying

Since common-law partners without a parental union regime do not benefit from parental union patrimony, it is essential to plan how assets will be divided in the event of separation or death in order to determine what each person is entitled to.

If only one name appears on the notarized deed:

The person whose name appears on the notarized deed becomes the sole owner, regardless of how many years they have lived together.
The spouse can protect themselves with an acknowledgment of debt to prove their financial contribution. This does not have to be signed before a notary.

If you buy together:

The spouses become joint owners in undivided co-ownership, and each owns a share of the property.
If nothing is specified in the notarized deed, the law considers that you own the house in equal shares.

Plan for a cohabitation agreement or an undivided co-ownership agreement

To strengthen the couple's protection, a cohabitation agreement or an undivided co-ownership agreement, the latter prepared by a notary, could be concluded.

These documents allow you to:

Specify each person's rights to the property.
Define the distribution of expenses and financial responsibilities.
Manage the mortgage in the event of separation, death, or financial difficulty, particularly at the time of buyout or sale.

	Tips and tricks If you are not investing the same amount in the down payment, clearly indicate this in the notarized deed or undivided co-ownership agreement, taking care to include each spouse's share. If you were to sell the house, whether due to separation or some other reason, you could easily determine how the profits and amounts owed to each party would be divided. Check out our article on notary fees for buying a house to better plan for the costs involved in this step. Please note that signing a mortgage together, but not the notarized deed, does not make you an owner... except of the debt.

What you need to plan for in case of a breakup or death

For common-law partners without a parental union agreement, what happens if one partner wants to buy out the other's half of the house? And how do you divide the assets with the family in the event of death? Here are the key points you need to know to protect your investment... and your peace of mind in the event of separation or death.

Separation: sell the house or buy out your spouse's share?

Separation is rarely simple, and when the house is part of the equation, decisions can become even more complex. For common-law partners, the law does not provide for automatic division of property, so it is up to the couple to agree on how to proceed. Ideally, this should be discussed when the property is purchased, while everything is going well, to avoid tension later on.

1. Selling the house

When two common-law spouses decide to sell their home after separating, they must first agree on the terms of the sale: the asking price, the date of possession, etc. The costs associated with the sale, such as mortgage repayment and notary fees, must also be discussed. The remaining capital will then be divided equally between the former spouses, so that each recovers their share in accordance with the agreements reached.

2. Buying out the spouse's share

If one of the owners wishes to keep the house, they must buy back their partner's share. To do this, the market value of the property must be assessed, ideally with the help of an appraiser or real estate broker. Next, the net value of the home is calculated, which is the difference between the market value and the mortgage balance, including any prepayment penalty, if applicable. The buyout amount, which must be accepted by both parties, is then determined based on each person's share. Finally, the spouse who keeps the home will need to obtain a new mortgage in their name to formalize the transaction.

Inheritance: protecting your spouse in the event of death

In the event of death, the surviving partner does not automatically inherit the deceased's share, even if they are co-signatories on the home. The transfer of assets therefore depends on a notarized will, which becomes essential for clearly expressing your wishes and ensuring that the inheritance proceeds according to your wishes.

In the event of death without a will, the house, or the deceased's share of it, goes to the children of the deceased spouse in equal shares. If the person has no children, half the value of the house will go to their parents; the other half will go to their brothers and sisters.

Under the parental union regime, however, the surviving spouse could inherit one-third of the assets. See our article on estate sales to better understand the different possible scenarios.

	Tips and tricks To better protect your spouse, consider taking out life insurance in their name. This will give them a financial boost to compensate for lost income, pay funeral expenses, and cover inheritance tax. To go further, find out what type of home insurance to choose to better protect your property.

Mortgages and financing: what couples need to know

Buying a home as a couple is an exciting project that requires a good understanding of how mortgages work and each person's responsibilities.

Financial institutions generally assess both partners separately based on their income, credit history, and ability to repay the loan. With a joint mortgage, the responsibilities are shared jointly and severally. This means that each partner is responsible for the entire loan: if one partner can no longer make the payments, the bank can turn to the other partner to recover the money owed.

Home ownership programs

Several programs make it easier to become a homeowner, including the Home Buyers' Plan (HBP). This program allows you to use part of your RRSPs to finance the purchase of your first home. To qualify, neither partner can have owned a principal residence in the past four years. However, the government has recently eased the rules for accessing the HBP to allow separated or divorced individuals to purchase a home with a new spouse.

	Tips and tricks Consulting a mortgage broker, financial advisor, lawyer, or notary can help you see things more clearly. These professionals will explain your rights and obligations, as well as the financial risks, while guiding you toward the solution best suited to your situation.

Buying a home as common-law partners: a well-planned project to build a future together

Buying a home as a couple, especially as common-law partners, requires some precautions. Before signing anything, take the time to clarify the down payment, determine the distribution of shares, and choose the co-ownership status.

For greater protection, you could enter into an undivided co-ownership agreement, or a cohabitation agreement. These documents help protect you by specifying who owns what, how payments are made, and what happens if the relationship ends. Being well prepared will help you avoid unpleasant surprises and secure your joint investment.

Once these steps have been taken care of, all that's left to do is find the perfect home to enjoy your life together. To explore the options available and make your dream of buying a home as a couple a reality, check out the residential properties for sale on Centris.ca.

Frequently asked questions

1. Is my common-law partner entitled to half of my house?

No, not automatically. Your common-law partner is only entitled to a share of the house if their name appears on the notarized deed, if you are under the parental union regime (applicable to couples with a child born or adopted after June 30, 2025), or if they are named in your will. Otherwise, even after several years of living together, the home belongs to the sole owner listed on the title deed.

2. Does buying a house as a couple equate to a common-law relationship?

No. In Quebec, buying a property together is not enough to be recognized as common-law spouses. To be recognized as such, you must have lived together in a conjugal relationship, or be the parents of the same child or have legal custody of the same child.

3. Can an unmarried couple buy a house together?

Of course! You can even buy a property with friends. The important thing is to set rules: who pays for what, how the property will be divided in the event of a separation, etc. To protect yourself, a cohabitation agreement or an undivided co-ownership agreement are options to consider. These documents will save you a lot of complications if the situation changes later on.

The information provided in this article is for informational purposes only and does not constitute financial, legal, professional or other advice or opinions. As such, we make no warranties, express or implied, as to the accuracy, reliability, integrity or exhaustiveness of this information, which you use at your own risk. In no event shall Centris be held liable for actions made on the basis of the information contained in this article or for any damage or loss, direct or indirect, that may result from, or in connection with, the use thereof. We recommended consulting with industry professionals for personalized advice before making any decisions.