Common-law couples who have one or more children born or adopted on or after June 30, 2025 are automatically in a parental union. If you had or adopted a child before this date, you can still choose to be in parental union. If you’re in a parental union, you can change the property included in your parental union patrimony. You can also opt out of a parental union patrimony. Here are the steps to follow depending on your situation.
Choosing to be in a parental union
If you’re in a common-law relationship, and you and your partner have a child who was born or adopted before June 30, 2025, you can still choose to be in a parental union. To do so, you must sign a contract called a “parental union agreement”. You can sign it in front of a notary or two witnesses. Your partner must consent to the agreement and sign it with you.
If you choose to write your agreement on your own, you can use the Quebec government’s help tool (French only).
Your parental union starts on the date you sign the agreement. For example, your family residence will be protected starting on this date. You will not be allowed to sell, rent or mortgage it without your partner’s consent.
When you choose to be in a parental union, you can decide not to create a parental union patrimony. You must put this in your parental union agreement.
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Important. If you’ve decided not to create a parental union patrimony, but you have a new child, you must reconfirm this choice in a contract signed in front of a notary. You must do this within 90 days of the birth or adoption of your new child. If you don’t do this within the timeframe, a parental union patrimony will be created and it will apply to your property starting on the day your child was born or adopted. |
Adding or removing property from your parental union patrimony
If you’re in a common-law relationship, and you and your partner have a child who was born or adopted on or after June 30, 2025, you can modify the property included in your family union patrimony. If you signed an agreement choosing to be in a parental union, you can also modify the property list.
You can add or remove property from your parental union patrimony any time during your common-law relationship. For example, you can decide to add your RRSPs or remove specific assets, like your cottage or car.
Adding property to your parental union patrimony
You must get your partner’s consent to add property to your parental union patrimony. You can add property by signing an agreement in front of a notary, but this is not required. You can simply sign an agreement with your partner.
Removing property from your parental union patrimony
You must get your partner’s consent to remove property from your parental union patrimony, and you must both sign a written agreement in front of a notary. If you don’t sign in front of a notary, the removal will have no legal value.
Opting out of a parental union patrimony
If you’re in a common-law relationship, and you and your partner have a child who was born or adopted on or after June 30, 2025, you’re automatically in a parental union. But you can decide to opt out of a parental union patrimony any time.
To opt out of a parental union patrimony, you must get your partner’s consent and sign an agreement in front of a notary. If you don’t sign the agreement in front of a notary, it will have no legal value.
Respecting the timeframe
Preventing a parental union patrimony from forming is time-sensitive. If you opt out of your parental union patrimony within 90 days of the birth or adoption of your child, it will be as if the parental union patrimony never existed.
However, if you withdraw from your parental union patrimony more than 90 days after the birth or adoption of your child, you will have to share the value of the property in your patrimony between the date your child was born or adopted and the date you withdrew from the patrimony.
You continue to be in a parental union
Even if you opt out of a parental union patrimony, you’ll still be in a parental union. You can’t opt out of a parental union. The parental union’s other obligations and protections are mandatory. For example, the rules on compensatory allowances and the protection of the family residence continue to apply.