The Parental Union Regime

by Me Alice Florian

In Quebec, about 43% of couples are not married*.  This is almost twice as much as the rest of Canada, where the proportion is 23%.  Unmarried couples in Quebec are referred to as de facto spouses (referred to as “common-law” spouses in the rest of Canada).  

Quebec recently reformed the Civil Code sections on family law by establishing the Parental Union Regime (hereinafter: the “PUR”).  The PUR takes effect as June 30, 2025.  

This new legal framework provides legal protections to de facto spouses that bear children.  The PUR aims to close the legal gap between married and unmarried parents.  This grants new rights and obligations to unmarried couples¹ who meet specific criteria.

Key criteria:

To be subject to the PUR, both partners must:

• Live together²;
• Become parents of the same child;
• Or, be separated parents of the same child and subsequently start living together as of June 30, 2025.

De facto spouses who bear children before June 30, 2025, are not included.  However, they can contractually opt in the PUR. 

Rights and obligations:

Some of the key protections available under the PUR are:  (1) the parental union patrimony, (2) the protection of the family residence, (3) the right to inherit and (4) financial support.  Below we discuss each of these protections in more detail.

1. Parental union patrimony

When spouses separate, the PUR establishes guidelines for the partition of property accumulated by the spouses.  These guidelines are called the “parental union patrimony” (the: “PUP”).  The PUP is comprised⁴ of:

• The family residence(s) (or the rights that confer use of them);
• The moveables furnishing said residences;
• The vehicles used for family purposes.

When spouses separate, the net value of the PUP is equally partitioned.  There are a few exceptions to the equal partition of the PUP⁵.  

Spouses can choose to withdraw from the PUP.  To do so, they must execute a notarial document. If the withdrawal is within 90 days of the start of the union, the PUP is deemed not to have been established, so no partition is required.  If however withdrawal from the PUP is after 90 days from the start of the union, then the spouses must calculate the net value of the PUP during the union (residences, furniture and vehicles) and partition the net value of them equally.

2. Protection of the family residence

The PUR introduces specific safeguards to protect the family residence.  Some examples are listed below.

Under the PUR both spouses have a say in decisions affecting the title (ownership) of family residence.  For example, the consent of both spouses is required to sell the family residence.  Joint consent is also required to secure a loan through a hypotheque.

Moreover, under the PUR, a spouse may be permitted to remain in the family residence temporarily.  To do so, the spouse must submit an application to the Court by no later than 120 days after the end of the union. 

3. The right to inherit

The PUR introduces significant changes regarding rules of inheritance.  For example, if a spouse dies without a Will, the surviving spouse may inherit one-third of the deceased spouse’s estate.  The remaining two thirds of the estate devolves to the children.

4. Financial support

Another protection under the PUR is the right to claim a “compensatory allowance” in certain cases.  A compensatory allowance can be awarded to a spouse (spouse “A” for example) if spouse A proves:

• A made a contribution to spouse B that enriches spouse B (the “Contribution”);
• The Contribution impoverished A (made A worse off);
• There is a link between A’s loss and B’s gain.

A compensatory allowance serves to correct a financial imbalance caused by s spouse’s contribution in work, services or property, when the relationships ends. 

End of parental union:

The parental union ends when:

• One of the spouses dies, or
• The spouses cease living together, or
• The spouses marry or enter into civil union . 

In conclusion, the establishment of the PUR in Quebec marks a pivotal evolution in family law.  The PUR offers significant new protections and rights to de facto spouses who become parents.  These protections include the partition of property, the safeguard of the family residence, succession rights and financial support. 

This article only summarily reviews the general concepts. It does not constitute a legal opinion nor does it replace the necessity to obtain a fact based legal opinion.

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*Source: https://www150.statcan.gc.ca/n1/daily-quotidien/220713/g-b005-eng.htm, consulted on July 2, 2025.

¹ Who are not in another relationship (married, civil union, parental union) and who are not an ascendant, a descendant, a brother or a sister to each other.

² and present themselves publicly as a couple (de facto spouses).

³ either by birth or adoption, on or after June 30, 2025.

⁴ Spouses can choose to modify the composition of the PUP.  For example, they can agree to remove certain property from the PUP before a notary.

⁵ For example, a deduction can be made for (1) PUP property owned prior to the union, and in some cases, for (2) a contribution made for the acquisition or improvement of PUP property.