Quebec's family law has taken a major step forward with the implementation of the Parental Union Regime on June 30, 2025. This new legal framework is designed to better protect unmarried parents who share children, a growing reality across the province.
Behind this ambitious reform lies a clear intent: to fill a legal void that has left too many families vulnerable, especially in the event of separation. The parental union regime recognizes certain economic rights and obligations between common-law partners, without equating their situation to that of married couples.
But what does this major legal change actually mean in practice for shared property, ownership rights, or available legal recourses after a breakup? If you are planning to purchase a home with a common-law partner, this article outlines everything you need to know about the legal and financial impacts of this new regime. An essential reading to ensure better protection and prepare for the future.
What is Quebec’s New Parental Union Regime?
The Parental Union Regime is part of a comprehensive overhaul of Quebec’s family law, initiated several years ago. It stems notably from recommendations made by the Special Commission on the Rights of Children and Youth Protection (known as the Laurent Commission) and the Commission on Family Law.
These efforts highlighted a troubling reality: common-law partners do not enjoy the same legal protections as married couples, even when they have built a family together. This family structure is increasingly common in Québec, recent statistics show that more than half of all children are now born to unmarried parents.
To address this inequality, the government created a new legal regime aimed at providing a basic level of economic protection to unmarried parents living in a common-law relationship, particularly in the event of separation.
A legally framed definition
However, the parental union regime does not apply to all unmarried couples. It is a default supplementary regime: it only comes into effect if specific conditions are met, unless the partners explicitly opt out through a notarized agreement. The following conditions must be met for a couple to be subject to the regime:
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The couple lives in a common-law relationship, defined as stable and continuous cohabitation;
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The partners have at least one child together, either by birth or adoption;
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The union has lasted for at least three years, or less if a child was born or adopted during the union;
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Both parents live together at the time the parental bond is established, whether through birth, adoption, or recognition of parentage (such as in the case of assisted reproduction).
The regime is therefore based on the actual family situation, rather than a voluntary act like marriage. It implicitly acknowledges a certain level of commitment between parents once they form a family unit with one or more children.
Retroactive application: what changes on June 30, 2025, for common-law partners?
It is important to note that the parental union regime does not apply retroactively. This means that only couples meeting the regime's conditions from June 30, 2025, onward can benefit from it. In other words:
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The regime protects only those common-law unions where the parental bond is established as of the effective date.
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Common-law partners who had a child before June 30, 2025, are not automatically covered by the new regime, even if they meet the other criteria (length of cohabitation, parental link, shared residence, etc.).
What are the objectives of the regime?
The parental union regime is based on legal, social, and economic foundations. It was created to address real-life family dynamics and to offer a minimum level of protection for common-law partners raising children together. It pursues three main goals:
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Ensure economic stability for children: In the event of separation, the regime seeks to preserve a stable living environment for children by securing their financial situation.
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Reduce imbalances between former partners: When one parent puts their career on hold to care for the children, the regime aims to prevent resulting economic inequalities after the separation.
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Acknowledge parental commitment: Even outside of marriage, the commitment of two parents to their child becomes a legal basis for establishing certain financial obligations between them.
Tangible effects: a minimum level of economic protection
While the regime does not grant the same rights as a matrimonial regime, it does introduce specific economic obligations between former partners, including:
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A duty to contribute to family expenses during the union;
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A right to financial compensation in the event of separation, if one partner has experienced economic disadvantage (for example, by putting their career on hold or investing in the residence without being the legal owner);
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A potential division of certain assets acquired during the union, particularly those tied to the family residence.
Voluntary opt-out is possible
Couples may choose to opt out of the regime, provided they sign a notarized agreement. This preserves contractual freedom and should be considered carefully, especially when purchasing property or engaging in estate planning. The notary plays a central role in ensuring that such consent is informed and freely given.
New law for common-law partners in Quebec: buying or owning property
One of the most sensitive issues during a separation involves ownership of the family home. To fully understand the regime’s limits and protections, it is essential to distinguish between legal ownership and financial contributions.
Who is the legal owner of real estate?
The parental union regime does not change property law. The name on the deed of sale remains the determining legal reference:
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If only one parent is named in the deed, they are the sole legal owner of the home, regardless of the relationship’s duration or the financial contributions of the other partner.
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The other parent, even if they contributed financially, has no automatically recognized ownership rights.
In such cases, the regime intervenes not to create a property right, but to provide a potential financial compensation where a clear economic imbalance is shown.
What about each person’s financial contribution?
Personal investments, such as down payments, renovations, or mortgage payments, may be taken into account by the court in a compensation claim. However, without clear written evidence or a notarized agreement, these contributions are considered voluntary and carry no automatic legal effect.
In these situations, the parental union regime offers a legal tool to seek compensation, but typically requires legal action to demonstrate that one partner has been unjustly enriched at the other’s expense.
Separation and family assets: what are the property rights?
The parental union regime does not automatically grant property rights, but it can allow a former partner who is not the legal owner to assert certain financial or usage rights in the event of a breakup. Possible protections include:
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Temporary right to occupy the family home: A former partner may be granted temporary occupancy of the home, especially if they have primary custody of the children. This aims to protect the child’s stability.
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Right to financial compensation: If economic imbalance is proven, for example, if one partner became wealthier due to the other’s direct or indirect contribution, the regime may allow for compensatory payments to ensure fairness.
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Partial sharing of net asset value: In some cases, a court may order a division of accumulated value, provided a significant imbalance is demonstrated and the contribution is deemed substantial.
Note that these protections are not automatic. They must be requested before a court, which will assess each case based on the family and financial circumstances of both parties.
Common-law partners in Québec: legal tips for prospective homebuyers
Buying a family residence as an unmarried couple requires careful legal planning. Even under the parental union regime, it is crucial to take specific precautions to avoid misunderstandings or disputes in the event of a breakup.
Before jointly purchasing a property or moving into a home owned by only one partner, it is strongly recommended to:
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Consult a notary to fully understand the legal implications of the parental union regime and the consequences of co-owning or living in an undivided property;
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Draft a cohabitation agreement or personalized contract outlining each person’s responsibilities, cost-sharing, and terms in the event of separation;
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Avoid informal verbal agreements, which are difficult to enforce in court without written proof.
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