Quebec recently introduced major changes in family law with the new parental union regime, effective June 30, 2025. This reform’s main goal is to better protect children.

What is the parental union patrimony?

The core of this new regime is the creation of a parental union patrimony. This automatically applies to common-law spouses who become parents of a child born on or after June 30, 2025.

This patrimony specifically includes:

• The principal residence
• The secondary residences
• The furniture
• The vehicles used by the family

This patrimony is comparable to the family patrimony (for married couples), but more restricted. It does not include the sharing of RRSPs, pension funds, gains registered with the Québec Pension Plan, or assets received through inheritance or gifts (before or during the union).

The goal is to fairly distribute the economic disadvantages that can arise during a separation.

Who does it apply to?

The parental union regime automatically applies to de facto spouses who:

• become parents of a child born on or after June 30, 2025.
• live together.
• present themselves publicly as a couple.

What if your child was born before June 30, 2025?

If your child was born before that date, the parental union regime does not automatically apply to you. However, you have the option to voluntarily join it. To do so, you will need to formalize your agreement either through a notarized deed or a written contract signed in front of two witnesses.

What are the protective measures provided for in the parental union regime?

Protection of the family residence

If you are a co-owner

You’re already protected because one spouse cannot sell or mortgage the property without the other’s consent.

If the house belongs to a single spouse

A unique feature of this regime is that one spouse cannot sell, rent, or mortgage the residence where the other spouse has moved in without their consent. This measure aims to prevent the non-owner and the children from suddenly finding themselves without housing in the event of a separation.

If you are tenants

The same principle applies. Even if only one of the spouses is a signatory to the lease, the dwelling is protected by these measures, ensuring residential stability for the children and the other parent.

Succession Rights in the Absence of a Will

In the absence of a will, the parental union regime grants succession rights to common-law spouses.The surviving spouse will inherit one-third of the deceased spouse’s estate, while two-thirds will go to the children.

Establishment of a compensatory allowance

In the event of a separation, if one of the spouses has become more enriched compared to the other during the union, the other person may be entitled to financial compensation. This compensatory allowance is meant to correct economic imbalances created by living together and the career or life choices made for the benefit of the family.

Is it possible to opt out of this regime?

Yes.

It is possible to opt out of certain portions of the parental union regime, but this action does not end all of the protections offered by the parental union.

Measures such as the compensatory allowance, succession rights, and the protection of the family residence remain applicable.

To opt out of the parental union patrimony, you must consult a notary to formalize your decision with a notarized deed. Parents have a 90-day period following the birth of the child to complete this process with a notary so that the parental union patrimony will be considered as having never existed.

If you have questions or wish to better understand the implications of this regime for your specific situation, do not hesitate to consult one of our brokers.