FAQ 1
I have lived with my partner for 5 years and we have a child together. I'm entitled to half of everything we bought during our life together.
Each person has the right to the property in their name and half of jointly-owned property (co-ownership).
FAQ 2
I am not married. Therefore, if my partner leaves me, I am not entitled to spousal support.
Quebec law does not provide spousal support for common-law couples, regardless of the duration of cohabitation or the existence of children.
FAQ 3
We have a child, so we have the same rights and obligations towards our children as married people.
The law grants the same rights to children regardless of whether their parents are married or not.
FAQ 4
I don't need a will. Since I have been living with my common-law partner for over 5 years, I will inherit all of his property.
Without a will, unmarried individuals do not inherit from their common-law partner according to the Quebec Civil Code, regardless of the duration of their cohabitation.
FAQ 5
The law states that after 3 years of common-law living and having at least one child together, we have the same rights as married individuals.
Unmarried individuals do not have the same rights as married couples, regardless of the number of children and years of cohabitation.
FAQ 6
I am separated from the father/mother of my child, and since we have shared custody, no child support needs to be paid.
In Quebec, child support is determined based on the income of each parent, not just the custody arrangement. In the case of shared custody, the parent with a higher income must pay child support to the other parent. However, specific expenses for the child, such as private school, orthodontics, healthcare, etc., should be shared proportionally according to each parent's income.
FAQ 7
My cousin convinced our uncle to change his will, so I am no longer one of the heirs. Since the will was made before a notary, I have no recourse.
An interested party can request the annulment of a will made before a notary for various reasons, just like with a will made before witnesses or a holographic will, provided there are strong grounds.
FAQ 8
My grandmother signed a mandate in case of incapacity, where she named me as her proxy. She is currently hospitalized, so I can manage her assets using this document.
For a mandate in case of incapacity to be valid, the person who signed it must be declared incapacitated by a court, and the mandate must be approved by the court.
FAQ 9
As the liquidator of an estate, I can represent the estate alone in court without hiring a lawyer.
According to the Code of Civil Procedure, every liquidator must be represented by a lawyer in court for all contentious proceedings.
FAQ 10
I can authorize my notary to represent me in court for my contested divorce case.
Only a lawyer can represent a party in a divorce case or any other contentious court proceeding.
