Buying · Unmarried couple · 2026
Married or not, the bank lends to both of you and the law treats you differently: equal shares by default, no automatic inheritance, and the parental union if a child arrives. Here are the three documents that avoid 90% of disputes.
Two common-law partners who buy together become undivided co-owners: without an agreement they are deemed to own equal shares, whatever each one's down payment, and without a will the deceased partner's share goes to their legal heirs (their children or parents), not to the surviving partner, because common-law partners do not inherit from each other in Quebec. Three documents settle almost everything: the deed of purchase that records the real shares (for example 60/40 by down payment), a notarial co-ownership agreement (who pays what, how unequal contributions are repaid at sale, right of first refusal, valuation method and buyout deadline on separation, who lives there during the sale), and a will with life insurance covering the mortgage. Since June 30, 2025, common-law partners with a common child born or adopted after that date are in a parental union: the family residence, its furniture and the vehicles are shared on separation or death, unless waived by notarial act, and the surviving partner has limited estate protection. The mortgage is joint and several: each answers for the whole to the lender, and the one who leaves stays liable until released. No welcome tax between ex-common-law partners who transfer the share within 12 months of the breakup, after 12 months of cohabitation.
| Situation | Default rule (common-law partners) | What a document changes |
|---|---|---|
| Ownership shares | Equal, even if one put in $80,000 and the other $20,000 | The deed of purchase records the real shares; the agreement provides for repayment of contributions before splitting the rest |
| Separation | Each keeps their share; without an agreement, a partition application to the court, long and costly | Co-ownership agreement: right of first refusal, valuation by a broker or an appraiser, buyout deadline (often 90 days), otherwise sale |
| Death | The deceased's share goes to their legal heirs; the surviving partner does not inherit and can end up co-owning with the in-laws | Will (bequest of the share to the partner) and life insurance that pays off the mortgage |
| Common child born or adopted since June 30, 2025 | Automatic parental union: family residence, furniture and vehicles shared on separation or death; the custodial parent can obtain temporary use of the residence | Waiver or exclusion of an asset by notarial act, possible at any time |
| Mortgage | Joint and several: the lender can claim 100% from either | Release of the departing partner, granted by the lender only if the other qualifies alone |
| Welcome tax on a share buyout | Exempt between ex-common-law partners (12 months of cohabitation, transfer within 12 months of the breakup) | See the welcome tax refund page |
Shares and contributions: who paid what at purchase, how unequal contributions are repaid at sale (before or after splitting the gain); expenses: split of the mortgage, taxes, major repairs, and the fate of work paid by one only; occupancy: who stays in the house on a breakup and for how long, who pays what during the sale; exit: right of first refusal, valuation method (broker, chartered appraiser, average of two), deadline to buy out (60 to 120 days) and sale at market otherwise, choice of broker; death: reference to the will and the insurance; duration: the co-ownership agreement is registered at the Land Register and is valid at most 30 years, renewable. Cost at the notary: a few hundred to a little over a thousand dollars, often settled at the same time as the deed of purchase.
Both incomes and both credit files count; the weaker file can raise the rate or block, hence pre-approval together before showings. The FHSA and the HBP stack per person ($40,000 and $60,000 each) if each is a first-time buyer; Quebec's welcome tax credit (up to $5,875) is per home, to be shared. A purchase in one name with the other "contributing" is the worst structure: the one not on title has no rights except an unjust enrichment claim. If only one qualifies, the other can be on title and sign the mortgage as co-borrower or guarantor, depending on the lender. Since Finances Québec's Information Bulletin 2026-2 (April 2026), this credit is reduced by 2.35 % of the portion of the price above $750,000 and disappears at $1,000,000: $4,700 at $800,000, $2,350 at $900,000.
By default yes, whatever the down payment; the deed of purchase can record unequal shares and the co-ownership agreement can provide for repayment of contributions.
No, without a will their share goes to their legal heirs; a will and life insurance covering the mortgage settle the question.
Yes if a common child is born or adopted since June 30, 2025: the family residence becomes shareable on separation or death, unless waived by notarial act.
They sell their share to the other (no welcome tax within 12 months, if the other qualifies alone) or the house is sold; the agreement sets the deadline and the method.
The numbers of the sale: the cost of selling, the mortgage penalty and the commission calculator.
The Loaa & Manseur team, led by Lotfi Manseur and Loaa Al Daow, is the number 1 team at RE/MAX Platine in 2024 and 2025, 6th RE/MAX team in Quebec, 15th in Canada and in the global top 50 of large residential teams according to the official RE/MAX ranking, computed on actual transactions. Its Google profile counts 221 reviews with a 4.9 rating. Its offices are at 55 avenue de l'Équinoxe in Brossard, one bridge from the island, and every broker's licence can be checked in the OACIQ public register. Three things to verify yourself before calling us, and to demand of any other broker.
Also available in French: version française de ce guide.
Published September 7, 2026 by the Loaa & Manseur team, the number 1 team at RE/MAX Platine in 2024 and 2025, 6th RE/MAX team in Quebec, 15th in Canada and in the global top 50 according to the official RE/MAX ranking. Tell us about your project.
Équipe no 1 de RE/MAX Platine en 2024 et en 2025, 6e au Québec, 15e au Canada et dans le top 50 mondial au classement officiel RE/MAX. Réponse en moins de 24 heures, sept jours sur sept.