As of June 30, 2025, amendments to the Civil Code of Quebec introduced the parental union, a new legal regime applicable to certain de facto couples who become parents. As explained in our October 29, 2025 blog titled “The Parental Union Patrimony – Should I Opt Out?”, when a child is born or adopted on or after that date, a parental union is formed and a parental union patrimony may arise.
Under this regime, the patrimony may include the family residence, household furnishings, and vehicles used for family travel, regardless of which partner is the owner. In principle, the net value of this patrimony is equally divided at the end of the parental union. The legislation also provides flexibility, allowing parents to opt out or modify the patrimony through a notarial act.
Although the parental union may arise automatically, its patrimonial effects are not universal. Property only forms part of the patrimony if it meets the conditions set out in the Civil Code (see articles 521.20 and following C.c.Q.).
For example, where a residence is acquired by one parent before the birth or adoption of the child, the patrimony of the parental union will only include the portion of value attributable to the period after the parental union is formed. The parent who acquired the residence prior to the forming of the parental union would be entitled to a deduction corresponding to the value of the property at the time the parental union began and the proportional increase in value, even if the residence later became the family residence (see articles 521.24 and 418 C.c.Q.).
On the other hand, two parents may have a child together but one of them remains legally married to a former spouse. Although a residence acquired after the birth of the child would ordinarily form part of the parental union patrimony, a parental union with the new partner cannot be formed until the prior marriage is dissolved (art. 521.20 C.c.Q.). As such, the acquisition of the residence predates the formation of the parental union and would therefore fall outside the parental union patrimony until the dissolution of the prior marriage.
The results are not loopholes, but consequences of how the law defines what enters the patrimony by referencing timing, ownership, and use, rather than by referencing parental status alone.
The parental union regime is designed to protect families, but it does not automatically subject all property to equal partition. Assumptions about its scope can lead to misunderstandings, sometimes with significant financial consequences. If you have questions about the application of the rules with respect to the parental union, please contact our experienced firm.
