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Spousal Agreement

Spousal Agreement

Living with a spouse has not, in many respects, the same legal value as a married couple. Although a separation is not desirable, when two people are not married, it is ambiguous to make the divisions of goods, common residence, child support, etc.

An agreement between spouses can help. It is possible to decide in advance the method of separation of the property in the event of an end of the common relationship. This agreement will aim to clarify obscure points that may arise.

The house

The de facto spouse homeowner will be the sole owner. He may sell or mortgage without the consent of the other and keep the money from the sale of the latter. Thus, if the house is already in the name of a spouse, an agreement between spouses could provide the method of separation of the family home while having a recognized and guaranteed legal status. If you plan to buy a house together, you could take the form of condominium ownership. This implies that both names appear on the deed as buyers. The house will therefore be in equal shares.

Alimony?

When two spouses fact separate, if it appears that one of them is without financial resources or in a more precarious situation, the status of de facto spouse will not allow him to ask for alimony from his (her) spouse. If for example the spouses had decided by mutual agreement that Mr. would work and Mrs. would care for the children at home, she could not claim alimony for herself since she is left without income. By cons, she has the right to demand alimony for the children if she has custody.

Death?

Even if you share your entire life with the same person, if you were not married you will not be the legal heir. It will be the family of the deceased who will have the property. This is why spouses wishing to leave their partner a portion of their property must make a will.

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Room 530,  Montreal
H8N 1X3

(514) 282-0064

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