Moving in with your spouse?

Moving in with your spouse? Have you considered drafting a cohabitation agreement? 

Today, many couples choose to move in together without getting married. De facto unions have therefore become a reality for many Québec couples.

However, de facto spouses do not benefit from the same legal protections as married spouses. Although the Civil Code of Quebec was recently amended to introduce the concept of parental union, this regime only applies to de facto spouses who have a child together, born or adopted since June 30, 2025. As of today, the majority of de facto spouses are not subject to this regime and are therefore not protected by the Civil Code of Quebec.

Therefore, before deciding to move in together, it is essential that a couple discuss their respective wishes and needs. It is highly advisable to consult a notary to discuss the possibility and usefulness of drafting an agreement governing the relationship between de facto spouses, also called a “cohabitation agreement” or “de facto spouses’ agreement.”

In such a document, spouses can set out the terms and rules that will apply to their union, including—but not limited to—their shared residence, how each spouse will contribute to household expenses, how their property will be managed during the union, co-ownership rules for their residence if applicable, and arrangements for dividing property in the event of a breakup. It is also possible to include provisions for child custody or spousal support in such cases. Additionally, spouses may include mutual gifts and attach a list of their respective assets to facilitate redistribution in case of separation.

In conclusion, before moving in with your new spouse, it is wise to consult a notary to determine whether drafting a cohabitation agreement would be appropriate for your situation.

This article was written in collaboration with Mtre Sarah-Maude Le Corre, notary and partner at Blanchard Lupien notaires S.E.N.C.R.L.