As of June 30, 2025, the Act respecting the reform of family law and instituting the regime of parental unions (Bill 56, assented to in 2024, chapter 22) introduced an entirely new regime into the Civil Code of Québec. This regime automatically applies to de facto spouses – i.e., couples who are not married or in a civil union – who become parents of a common child born or adopted on or after June 30, 2025.
The main objective is to fill a historical legal gap: until now, de facto spouses with children had no automatic patrimonial protection in the event of separation, unlike married couples, who were protected by the family patrimony. The new patrimony of parental union provides similar security for assets essential to family life, in particular residence, furniture and vehicles. It thus protects children and ensures financial equity between spouses in the event of a break-up or death.
What is parental union?
A parental union is a legal conjugal regime that is formed automatically as soon as two de facto spouses meet the following conditions:
- They are de facto spouses: they are in a relationship as a couple (public presentation as a couple, cohabitation or not, with no minimum duration required).
- They become parents of the same common child born or adopted after June 29, 2025 (biological birth, adoption, or parental project including surrogacy).
No prior formality is necessary: the birth or adoption triggers the automatic regime. For couples who are already parents of children born before 30 June 2025, the application of the scheme remains voluntary: they can join it by an agreement (private contract in front of two witnesses or notarial deed).
The plan is not retroactive. De facto unions without a common child after 2025, or with only previous children, are not automatically affected. In addition, if a couple marries or enters into a civil union, the parental union ends and the matrimonial regime applies.
Composition of the Parental Union Estate
The patrimony of a parental union includes essential family property, regardless of who holds legal ownership of it (article 521.30 of the Civil Code of Québec). His net worth is divided equally at the end of the union.
| Asset Class | Included in the patrimony? | Real-life | Important Exclusions or Clarifications |
| Family | Yes | Primary home, condo, cottage or second home used regularly by the family | Property received by inheritance or gift (before or during the union); property of a minor spouse until he or she reaches the age of majority |
| Furniture and objects furnishing residences | Yes | Sofa, bed, appliances (fridge, oven, washer), television, dining table, family | Strictly personal, low-value or non-household items |
| Motor vehicles | Yes | Car, minivan, SUV, motorcycle, boat or snowmobile used for family needs (transportation of children, daily errands) | Exclusive work vehicles, non-family recreational vehicles |
| Rights of use or rental | Yes | Lease of a family home, right of habitation or usufruct of a residence | Assets excluded by notarial agreement |
| Property by inheritance or gift | No | Inheritance, family gift (money, real estate, jewellery) received before or during the union | Excluded entirely, even if used by the family |
| RRSP, pension fund, QPP, retirement | No | Registered Retirement Savings Plans, Quebec Pensions, Retirement | Excluded (unlike the family patrimony of married couples) |
| Other personal | No | Personal bank accounts, stocks, investments, personal jewelry, personal | Not included unless voluntary addition by convention |
Net worth is calculated on the date of the end of the union (separation, death, withdrawal): the market value of the property minus the related debts (mortgage, car loan, etc.). Significant deductions apply for:
- The net value of the property at the time of its inclusion in the estate (if owned before).
- The proportion of subsequent capital gains.
- Personal contributions from a spouse (e.g., single down payment, fruits/income from excluded property).
- The reuse of excluded property.
These complex calculations often warrant professional expertise to avoid costly mistakes.
Protection of the family home
The rules for the protection of the family residence (Articles 401 et seq. of the Civil Code) extend to parental unions:
- Neither spouse may sell, mortgage, lease or alienate the residence without the written consent of the other.
- In the event of a dispute, the court may grant temporary use to one of the spouses, often the one who has primary custody of the children.
- The residence benefits from protection from certain creditors, strengthening the stability of the family home.
This measure is directly aimed at the well-being of the children: the family roof cannot be lost without mutual agreement, even in the event of debts or conflicts.
Division in the event of separation or death
At the end of the parental union:
- Separation : No spousal support (except in exceptional cases of agreement or compensatory allowance). Only the parental union estate is divided 50/50 on his or her net worth. The other assets (RRSPs, personal accounts) remain the exclusive property of each individual.
- Death : The surviving spouse receives half of the value of the estate, plus enhanced inheritance protection (temporary right to live in the residence, possible compensatory allowance). The heirs share the rest according to the rules of succession.
The division is preferably done amicably (written agreement, family mediation). In the event of disagreement, the Superior Court or the Court of Québec intervenes, often with judicial expertise on values.
Options: Join, modify, exclude, or waive
Spouses retain significant flexibility:
- Voluntary membership : For couples with children born before 2025, by agreement (private signature in front of two witnesses or notarial deed). Assets are formed as soon as they are signed.
- Adding assets : Possible by mutual agreement (private or notarized contract), such as including an RRSP or a cottage.
- Exclusion of property : Must be done by notarial deed in minute (absolute nullity otherwise). The exclusion takes effect immediately.
- Complete renunciation : By notarial deed in minute, by mutual agreement. If it is made within 90 days of the start of the union (birth/adoption), the estate is deemed never to have existed.
Any modification or renunciation during the union requires the agreement of both spouses and the notarized form for exclusions/renunciations.
Concrete impacts and common situations
- A couple is expecting a baby in August 2025: from birth, the main house, the furniture and the family car automatically become part of the estate.
- Stepfamily with common child post-2025: the scheme applies; Property related to children from previous unions may be excluded to protect their interests.
- One spouse bought the house alone before the union: the previous value + proportion of the capital gain is deductible; only the posterior value is shared.
- Unexpected death: the survivor retains the use of the residence and receives half of the value of the estate.
- Conflictual separation: disputes over the valuation of furniture or vehicles may require a legal expertise, increasing costs.
When is the intervention of a family law lawyer necessary?
Several situations make it essential to support a Lawyer specialising in family law:
- Voluntary membership for couples with children before 2025 (drafting of a solid and personalised agreement).
- Exclusion or addition of complex assets (pre-union home, large debts, offshore real estate, valuable vehicles).
- Renunciation or modification during the union (negotiation of a mutual agreement, notarial validation).
- Separation in sight (negotiation of a global agreement, precise calculation of shares, use of family mediation).
- Refusal of consent for acts on the residence (sale, mortgage).
- Blended families (protection of children from previous unions, coordination with wills).
- Inheritance litigation after death (claim for compensatory allowance, division with heirs).
- Potential errors in previous agreements (invalid verbal contract, 90-day deadline).
A professional makes it possible to avoid absolute nullities, to optimize the tax impacts (capital gains on appreciated assets), and to represent effectively before the courts if necessary. In Montreal and elsewhere in Quebec, specialized firms like Azran.ca guide families through these changes to secure their wealth and the future of their children.
FAQ – Frequently asked questions about the parental union and patrimony
- Does the parental union apply even without cohabitation?
Yes, if you are a common-law couple (public presentation as spouses) and have a common child after June 30, 2025. Cohabitation reinforces the presumption, but is not mandatory.
- Does a new child born after 2025 change anything if you are already in a parental union?
No, the heritage already exists. But if you had renounced before, a new child may require you to reconfirm the renunciation within 90 days (otherwise the estate is recreated).
- Can we completely exclude a house bought by only one spouse before the union?
Yes, by notarial deed in minute. Only the post-inclusion added value remains shareable; the previous value is deducted.
- Is there alimony between spouses in a parental union?
No, no automatic obligation (unlike marriage). The pension is only for children. A compensatory allowance remains possible in exceptional cases.
- Does the regime apply to same-sex couples?
Yes, without any distinction.
- What if my spouse refuses to sign a waiver or exclusion?
Unilateral renunciation or exclusion is impossible. A judicial remedy exists for serious reasons, but it is rare. Mediation or a negotiated settlement is preferred.
- What are the tax impacts of the division?
The division of value can trigger a taxable capital gain (e.g., appreciation of the residence). Tax planning with a notary or lawyer is recommended.
- What is the main difference with the family patrimony of married couples?
Parental union patrimony excludes RRSPs, QPPs and retirement earnings; no automatic compensatory allowance; possibility of partial membership or renunciation.
- Is there an official tool to check or join the plan?
Yes, on quebec.ca or JuridiQC.gouv.qc.ca (help tools for conventions and official information).
- How much does a notarial deed for exclusion or waiver typically cost?
Between $500 and $1500 depending on the complexity. This investment often prevents much more costly litigation.
The parental union regime represents a significant step forward for Quebec families in a de facto union with children. It provides automatic wealth protection while leaving the spouses with informed choices. For an assessment tailored to your personal situation – enrolment, exclusion, estate planning or separation – contact a family law lawyer at Azran.ca. Protect your family and your wealth now.
