Separation and Divorce

Separation of Couples in a Parental Union: Dividing Property and Other Financial Issues

Share
Print

When couples in a parental union separate, important questions arise. Who keeps what? Does one parent have to pay the other? Here are the basic rules. If you need advice adapted to your situation, consult a lawyer or a notary.

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.

Dividing the parental union patrimony

When you’re in a parental union, a parental union patrimony is automatically created. At the end of the parental union, the value of the property included in the patrimony must be divided and shared, even if some assets are in the name of only one parent.

The parental union patrimony includes these assets:

  • principal residence and secondary residences used by the family,
  • furniture used by the family, for example, beds, sofas, television and appliances,
  • vehicles used by the family.

The parental union patrimony excludes inherited property and gifts, even if they served the family.

Read more about the parental union patrimony. 

Special protections for the family residence
 
The family residence is where the family was living, for example, a house or apartment. This residence is protected by law. Even if the family residence is in the name of only one parent, it can’t be sold, rented or mortgaged without the consent of the other parent unless your official separation judgment allows it. Learn more here.

Calculating the amount to be divided

The parental union patrimony is divided using a step-by-step calculation. For concrete examples, see our article on the different ways to divide a parental union patrimony.

Make a list of the property that is part of the patrimony, even if it’s in the name of only one of the parents. For example, list the house, vehicles, furniture, etc.

Determine the value of each asset at the time the patrimony is divided, not the value when you bought it. For example, your car was  $30,000 when you bought it, but it’s worth $15,000 today.

If you have a mortgage on your house or a car loan, subtract this amount from the value of the patrimony.

The amount to be divided cannot include these things:

  1. the value of the assets that each parent owned before the union,
  2. the increase in value of these assets during the union,
  3. money a parent received before the union from an inheritance or as a gift, which they used to repair or improve an asset in the patrimony,
  4. the increase in value as a result of these repairs or improvements.

Generally, parents share the remaining amount equally (50/50).

Courts can modify the 50-50 division in exceptional cases, for example, if a couple separates very soon after the union is formed, or if one of the parents acts in bad faith.

You can come to an agreement with the other parent on the value of the patrimony and the amount to be paid.

If you don’t agree, you can contact a mediator. With some exceptions, parents must try family mediation before going to court. In some cases, you can have up to five free hours of family mediation. 

If mediation doesn’t work, or if mediation is inappropriate given the circumstances, a court will make the calculation and determine the amount. In this case, parents must provide proof of the value of their assets, for example, through bills and property evaluations. The court can also force parents to give away or keep an asset .

What if a parent sells or gives away an asset before the separation?
 
If a parent sells or gives away an asset in the patrimony in the year before the division of property, a court can force this parent to compensate the other parent. If the parent sold or gave away the asset more than a year before the division of property, a court can still intervene if the other parent can prove it was done to pay them less money after the separation.

Ways to make the payments

You and your ex-partner can agree on how the payments will be made. If you can’t agree, the court will decide.

The payments can be made in several ways:

  • in one payment,
  • by transferring an asset of equal value (for example, by giving the family car to the other parent instead of money),
  • in payments spread out over a period of up to 10 years, but only in exceptional cases, with court approval.

In the case of payments spread out over a period of time, a court can put a legal hypothec (mortgage) on an asset to ensure that a parent makes their future payments.

Receiving support payments or money after a separation

Unlike married couples, couples in parental unions do not have access to spousal support when they separate unless they make an agreement.

But courts can grant one parent a “compensatory allowance” in exceptional circumstances to make up for a financial imbalance caused by the relationship. Read more about the compensatory allowance.

Couples in parental unions can also get child support. Generally, the parent who does not have child custody pays child support to the other parent. If you share custody, one parent can still ask for child support, for example, if that parent has more responsibilities than the other parent. Read more about child support.