Common-law partners can privately agree, before a notary, to be subject to the rules of family property.
Many common-law partners, although not wanting to subject themselves to the obligations of marriage or civil union, nevertheless wish to establish the terms of asset division in the event of a breakup.
Two common-law partners who have been living together for several years sign an agreement establishing a list of assets that will be considered "their family property." This list is similar to the one defined by the Civil Code. Additionally, the agreement states that if they cease living together, the value of the property will be divided equally, and the rules set out in the Civil Code regarding family property will apply in case of disagreement.
The Court of Appeal* concludes that, while married couples or those in civil unions cannot escape the rules of family property, common-law partners can "privately agree to be bound" by these same rules.
Most common-law partners will be reluctant to sign an agreement establishing terms in case of a breakup unless, unconsciously, they prefer to be in hot water when their cohabitation ends.
* C.A. 500-09-008851-990, 2001-08-29
