---
title: "De Facto Spouses' Options After Separation ✦ Goldwater Droit"
canonical_url: "https://goldwaterdroit.com/en/faqs/what-options-exist-for-de-facto-spouses-who-separate-without-being-protected-by-family-patrimony"
last_updated: "2026-09-15T21:45:43.403Z"
locale: en
meta:
  description: "Explore cohabitation agreements, co-ownership and unjust enrichment after separation in Quebec, and check whether parental union protections apply."
  "og:description": "Explore cohabitation agreements, co-ownership and unjust enrichment after separation in Quebec, and check whether parental union protections apply."
  "og:title": "De Facto Spouses' Options After Separation"
---

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

In Québec, de facto spouses do not share property under the family patrimony rules that apply to married spouses. Their options after separation depend on ownership, any agreements between them, and the legal regime that applies to their relationship.

## Property and agreements

A cohabitation agreement can set out arrangements for property division or financial support. If the partners own property together, each can assert their ownership share under the rules of co-ownership, including article 1010 C.c.Q. Living together does not itself make one partner an owner of the other's property.

## Compensation for unjust enrichment

An unmarried partner may claim monetary compensation under articles 1493–1496 C.c.Q. This requires evidence that one partner's enrichment corresponds to the other's impoverishment without legal justification, subject to the conditions of the remedy. Contributions to a partner's property or finances may be relevant; compensation is not automatic and does not create matrimonial property rights.

## Check whether parental union applies

Since June 30, 2025, the [parental union regime](https://www.quebec.ca/en/family-and-support-for-individuals/marriage-civil-union-de-facto-union/parental-union/about) provides separate protections for qualifying de facto spouses. Check whether it applies before assessing property rights or possible claims.

C.c.Q., arts. 1010, 1493–1496