Implications of new parental union regime in real estate

Starting in the summer of 2025, a major change will reshape the legal landscape for Québec families living in de facto (common law) relationships through the introduction of a protective regime called the “parental union”.

Until now, couples living in de facto relationships have not benefited from any legal protection should they separate. The parental union regime aims to fill this legal gap by providing security for children born of these unions.

Only de facto spouses with a child born on or after
June 30, 2025—theirs either by birth or adoption—will automatically be subject to this new regime. Couples who had children before this date will not be affected… unless they have another child after this date or choose to opt in voluntarily.

The parental union brings several legal consequences; let’s take a closer look at those affecting real estate law.

First, the legislator has introduced measures to protect the family residence. A spouse who is the sole owner of the family home must now obtain the consent of the other spouse before selling the property.

Additionally, a parental union patrimony—somewhat similar to the family patrimony for married couples—will include certain assets belonging to de facto spouses. This patrimony notably includes the family’s primary and secondary residences. Although each spouse remains the owner of their property, the value accumulated during the union related to these assets may be subject to division in the event of separation, death, or marriage. However, it is possible to opt out of the parental union patrimony through a notarized act or, on the contrary, to voluntarily submit to it.

Another significant change: in the absence of a will, the de facto spouse recognized under the parental union will now inherit one third of the estate, with the remaining two thirds going to the children. It is therefore more important than ever to review your testamentary wishes with your notary.

Given the imminent implementation of this new regime, the notary is the ideal professional to advise and support your family in managing the parental union.

This article was written in collaboration with Mtre Marie-Pier Drolet, notary at Blanchard Lupien notaries LLP.