Parental union regime

Objective

Since June 30, 2025, Quebec has had a regime that applies to partners who have common children and are living their life together. The purpose of this new regime is to ensure greater stability for children by offering parents various protections during their life together, but also in the event of separation or death of one of the parents.

It is not mandatory to live together to be considered “living a life together”. It means having plans together and presenting yourselves as a couple. Therefore, if you have a child together but you live completely separates lives, the parental union regime does not apply.

Who is included in the program?

All partners who have a child together, whether born or adopted, on or after June 30, 2025, are automatically subject to the parental union regime.

The protections offered by the parental union regime:

1. The creation of joint estate. The creation of joint estate. At the time of the birth or adoption of a common child, the initial value of certain assets used by the family (residences and their furnishings, cars) is automatically pooled. You do not need to take any action in this regard. In the event of separation, the current value of the joint assets will be used to determine the amount of money to be distributed between the parents. The assets are pooled, regardless of who owns them or who pays for them, but your partner will not become the owner of what belongs to you. Each case is unique, as are the calculations for the division of assets. For more information, consult a notary or lawyer.

   Good to know: Assets that you have received or will receive as gifts, through inheritance, or that you have paid for in full before the start of your life together are excluded from this estate. 

   IMPORTANT: Creation of joint real estate is the only protection under the regime from which you can withdraw, provided that both spouses agree.

   PROCEDURE FOR WITHDRAWING, if your joint child was born or adopted on or after June 30, 2025, you must consult a notary ($). The calculation method is the same as in the case of separation. If the withdrawal is made within 90 days of the date of the beginning of the parental union (birth or adoption of the common child), there is no division of the value of the common property to be carried out.
    

2. Protection for your main residence. Even if only one of the partners owns the main residence, both partners must agree to rent it out, mortgage it, give it away, or sell it. The same rules apply to the furniture in it.

   If the main residence is rented, the same principle applies. Thus, even if one of the two partners is on the lease, they must have their partner's consent to sublet, assign the lease, or terminate the lease. To benefit from these protections, tenants must notify the landlord that the dwelling is the family's primary residence. This can be done by adding a note to the lease or by sending a letter by certified mail. The rules regarding furniture are the same whether the residence is rented or purchased.
    

3. An automatic inheritance right provided for by law for your partner. If you do not have a will, upon your death, your partner will inherit one-third of your assets, while your children (whether from your current relationship or a previous one) will inherit the remaining two-thirds.

What if the children were born or adopted BEFORE June 30, 2025?

If you are still partners, you can voluntarily join the plan and benefit from the protections it offers if both partners agree. You can do this using the Quebec government's online platform (French only), where you can indicate if you wish to create an estate or not. If another child is born or adopted after June 30, 2025, the decision not to create an estate must be confirmed by a notary within 90 days.

Keep in mind:

• Parental union does not create an obligation for alimony between former partners. The obligation to provide child support still applies in the event of separation.
• The fact that a child has reached the age of majority does not terminate the parental union regime.

Questions?

Still have questions about this new regime? Contact our notary, it's free!