What options exist for de facto spouses who separate without being protected by family patrimony?

In Québec, common-law spouses (de facto partners) are not entitled to the family patrimony or matrimonial regime protections. Upon separation, their recourses are civil, not family-law based. They may claim unjust enrichment under C.c.Q. arts. 1493–1496 if one partner benefited unfairly from the other’s contributions, or assert co-ownership under art. 585 C.c.Q. for jointly acquired property. Cohabitation agreements or contracts can also govern property division or financial support. Without such agreements, each keeps their own assets unless they prove a civil claim.

C.c.Q. art. 1493–1496; C.c.Q. art. 585; Kerr v. Baranow, 2011 SCC 10

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