The Civil Code of Quebec defines a couple as de facto spouses (unmarried) becoming the father and mother or the parents of the same child (art. 521.20 CCQ). The same applies where the father and mother or the parents of the same child become de facto spouses or become de facto spouses again (art. 521.20 CCQ). Within the meaning of this article, de facto spouses are two persons who share a community of life and who represent themselves publicly as a couple, regardless of how long they have shared a community of life. Persons who cohabit and are the parents of the same child are presumed to share a community of life.
With the formation of a parental union, comes the formation of a parental union patrimony which consists of the following property, regardless of which of the spouses holds a right of ownership in that property:
- The owned family residence or the rights which confer use of them;
- The movables which furnish or decorate the family residence and which serve for the use of the household;
- The cars used for family travel.
Property inherited or received as a gift by either spouse, before or during the union, is not included in the parental union patrimony.
In the event of an end of the parental union, the net value of the parental union patrimony (the value of the assets after deducting the debts contracted) would be equally divided between the spouses.
While the parental union regime automatically establishes rights and responsibilities, new legislation offers mechanisms for parents to opt out from the patrimony, modify its composition, or renounce from partition, providing flexibility for couples.
To exclude a union from forming a parental union patrimony, a notarial deed is required, taking effect upon signing. If this withdrawal occurs within 90 days of the union’s start, the parental union patrimony is considered never to have been established. This means the automatic legal framework is completely annulled, as if it never existed from the start.
Understanding the legal framework applicable to your situation is crucial if you have a child after June 30, 2025. For any questions on parental union patrimony and its implications for you, or if you require assistance with a parental union agreement or opt-out agreement, please contact our experienced firm of experienced attorneys for a consultation.
