When couples enter into a parental union, a patrimony is created. When the parental union ends, the value of the property in the patrimony is divided, no matter who owns it. Here are some ways property can be divided when a parental union ends. The examples in this article are simplified to help explain the step-by-step calculation for dividing property. For specific information about your situation and rights, consult a lawyer or a notary.
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Important! As of June 30, 2025, a new regime applies to parents who are in a common-law relationship in Quebec: the parental union. Unmarried couples who had or adopted a child together on or after this date are automatically in a parental union. A parental union creates specific rights and obligations for parents, especially if they separate. Read our article on parental unions to see if this applies to you. |
Property in a parental union patrimony
A parental union patrimony includes these assets:
- primary residence and secondary residences used by the family,
- furniture used by the family, for example, bed, couch, television, appliances,
- vehicles used by the family.
Property received as a gift or inheritance is not part of the parental union patrimony.
Read more about the property in a parental union patrimony.
Steps to divide the property
The parental union patrimony is divided through this step-by-step calculation:
- identify the property in the parental union patrimony,
- determine the market value of the property, which means the value at the end of the union,
- subtract debts related to the property, like a mortgage or car loan,
- subtract specific sums excluded from the amount to be divided, such as the value of the property that each parent owned before the union,
- divide the remaining value into two equal parts.
Read more about these steps.
Dividing the parental union patrimony: examples
1. Family car
Nina and Olivier have a daughter in 2026. The couple separates in 2027 after a parental union of one year. Nina and Olivier bought a car together in 2026 to drive their daughter to daycare. At the time they divide their property, the car is worth $12,000.
Calculations
1. What assets must be divided?
The car used by the family.
2. How much is this asset worth at the end of the union?
The car is worth $12,000.
3. Are there debts on this asset?
No, it’s paid in full.
4. Are there amounts to be excluded from the division of property?
No
5. How much does each parent get?
Total amount divided
$12,000
Each parent’s share
$12,000 ÷ 2 = $6,000 each
2. House and furniture purchased during the parental union
Chloé and Anaïs adopt a son in 2026. They separate in 2028. In 2027, they bought a house together. Chloé bought all the furniture for the house. At the time they divide their property, the house is worth $450,000, with a $200,000 mortgage. The furniture is worth $20,000.
Calculations
1. What assets must be divided?
- The family house
- The furniture
2. How much are these assets worth at the end of the union?
- House: $450,000
- Furniture: $20,000
3. Are there debts on these assets?
There is a $200,000 mortgage to pay on the house. So the net value of the house is:
$450,000 – $200,000
= $250,000
4. Are there amounts to be excluded from the division of property?
No
5. How much does each parent get?
Total amount divided
$250,000 (house) + $20,000 (furniture)
= $270,000
Each parent’s share
$270,000 ÷ 2
= $135,000 each
3. House purchased before the parental union, furniture and car purchased during the union
Hugo and Salomé had a child in 2018. They voluntarily form a parental union in 2025, but they separate in 2029. Hugo and Salomé bought a family car in 2026 and paid in full. At the time they divide their property, the car is worth $20,000. The family lives in a house that’s in Hugo’s name and was bought without a mortgage in 2022. At the time they divide their property, the house is worth $575,000. Salomé has a $45,000 RRSP. Hugo and Salomé own the furniture in the house, which they purchased when they redecorated in 2026. The furniture is worth $10,000.
Calculations
1. What assets must be divided?
Property to be divided:
- House
- Car
- Furniture
Asset excluded from the division of property: RRSP
2. How much are these assets worth at the end of the union?
- House: $575,000
- Car: $20,000
- Furniture: $10,000
3. Are there debts on these assets?
No
4. Are there amounts to be excluded from the division of property?
Yes. Hugo owned the house in full before the union, so its total value must be excluded: $575,000.
5. How much does each parent get?
Total amount divided
$20,000 (car) + $10,000 (furniture)
= $30,000
Each parent’s share
$30,000 ÷ 2 = $15,000 each
4. House purchased before the parental union, furniture received as a gift
Djamila and Mathieu have a child in 2026. In 2030, the couple separates. In 2023, Djamila decided to buy a house, in her name, with her savings. At the beginning of the parental union, the house was worth $500,000 with a $400,000 mortgage. At the time they divide their property, the house is worth $750,000, with a $300,000 mortgage. In 2025, Mathieu’s family gave him all the furniture in the house as a gift.
Calculations
1. What assets must be divided?
Property to be divided: House
Assets excluded from the division of property: Furniture, since Mathieu received it as a gift, which means he is the sole owner.
2. How much is this asset worth at the end of the union?
House: $750,000
3. Are there debts on these assets?
Yes. There’s a $300,000 mortgage on the house. So the house’s net value is:
$750,000 (house value) – $300,000 (mortgage)
= $450,000
4. Are there amounts to be excluded from the division of property?
Yes. In 2026, at the beginning of the parental union, the house was worth $500,000, and there was a $400,000 mortgage to pay. Djamila already owned $100,000 in the house. This sum belonged to her before the parental union so it will not be divided.
The house also went up in value during the union. It’s now worth $750,000, so it’s value increased by $250,000. Djamila’s initial share ($100,000) also increased in value.
Djamila has already invested $100,000 (1/5 of the value of the house at the time), so she’s entitled to 1/5 of the increased value of the house:
$250,000 × 1/5 = $50,000
These amounts must be excluded from the value of the house to be divided:
$100,000 (amount Djamila had from the start)
$50,000 (increased value of her share)
Amount excluded from the division of property = $150,000
Total amount of the house to be divided
$450,000 (net value) – $150,000 (excluded from the division)
= $300,000
5. How much does each parent get?
Total amount divided
$300,000 (house)
$300,000 ÷ 2 = $150,000 each
Each parent’s share
Mathieu: $150,000
Djamila: $300,000