Are you in a common-law relationship and have been working for your partner’s company for several years without pay? Have you been out of the workforce for years because you’re the only one available to care for the children and manage the household? In either situation, it can be intimidating to end the relationship for fear of being left without financial resources.
If this sounds familiar, be aware that the law¹ allows for a claim based on unjust enrichment, which can offer compensation when one party has been enriched at the expense of the other’s impoverishment.
In fact, unjust enrichment is governed by articles 1493 to 1496 of the Civil Code of Québec. It is intended to correct situations where one person has been unjustly enriched at another’s expense, without legal or contractual justification. This legal remedy is based on the principle that no one should enrich themselves at the expense of another without a valid cause.
The law² states: “A person who has been unjustly enriched at the expense of another is required to compensate them for the loss caused, to the extent of that enrichment.” In other words, the goal of this remedy is not to divide assets equally, but rather to compensate one party for their contributions—whether in goods or services—that left the other in a better financial position than they would have been without the common-law relationship.³
In civil law, this claim may be invoked in various situations, such as undue payments, unjustified property transfers, or benefits gained without legal or moral basis. In family matters, it is specifically available to compensate a party who has been impoverished during the relationship while the other party gained financially.
It’s important to note that this remedy is distinct from traditional civil liability claims, such as contractual or extra-contractual liability. It does not require the existence of a contract or wrongful act. Instead, it is based on principles of fairness and equity to restore balance when one party’s enrichment is deemed unjust.
To file an unjust enrichment claim, the person making the claim must prove six (6) essential elements:
- The enrichment of one party
- The impoverishment of the other party
- A causal link between the enrichment and the impoverishment
- The absence of a legal or contractual justification
- No fraud upon the law
- No other available legal remedy⁴
Once these elements are established, the court may order the return of the unjust enrichment or grant compensation equivalent to the loss suffered.
However, it’s important to understand that this remedy is not automatic. The party bringing the claim generally must show they made an exceptional contribution that exceeds what would normally be expected of a partner.⁵
The courts have also emphasized that, to award financial compensation, they must assess the overall situation, including the division of household tasks during the relationship and any agreements made between the parties.⁶
For example, if one partner promised the other that they would receive half the value of the family home in case of separation, that promise may improve their chances of receiving compensation for the residence provided all other legal requirements are met.
In family law, the unjust enrichment remedy provides a crucial legal recourse for restoring fairness between common-law partners when one party benefits unfairly at the other’s expense.
It is a key tool to ensure justice and equity in interpersonal and financial relationships.
Married spouses benefit from a similar remedy known as compensatory allowance, which allows them to claim compensation for contributions in goods or services that enriched their spouse’s patrimony.
However, this remedy is currently only available to married spouses.
That may change, following the recent tabling of Bill 56, An Act to reform family law and establish the parental union regime⁷. This new bill introduces a legal framework called the parental union, which would apply to all common-law parents in Québec who have a child born on or after June 30, 2025.
Under this regime, a family patrimony would be created between common-law parents, including:
- The family residence
- Furnishings and decorations used by the family
- Vehicles used for family transportation
…provided these assets were acquired after the birth of the child.
The bill would also allow common-law partners to claim a compensatory allowance for contributions that enriched the other partner’s patrimony.
Additionally, the regime would include protection of exclusive use of the family residence—particularly for the parent who is granted majority parenting time in case of separation.
Families with a child born on or after June 30, 2025, will automatically be subject to this new regime. However, they may choose to opt out or limit its application through a notarized agreement.
Because this type of remedy is largely fact-based, we invite you to contact us if you find yourself in a similar situation or wish to understand your rights.
¹ Articles 1493 to 1496 of the Civil Code of Québec
² Article 1493 of the Civil Code of Québec
³ C.L. v. J.Le., 2010 QCCA 2370
⁴ Droit de la famille – 132495, 2013 QCCA 1586
⁵ M.B. v. F.G., 2020 QCCA 1297
⁶ J.L. v. P.A., 2007 QCCS 3059
⁷ Bill 56, An Act to reform family law and establish the parental union regime