Law · Common-law couples
Since June 30, 2025, tens of thousands of unmarried Quebec couples have entered a legal regime many of them have never heard of. If you are common-law partners and a child was born after that date, your home no longer buys, sells or divides the way it used to.
The parental union regime, created by Bill 56 and in force since June 30, 2025, applies automatically to common-law partners whose child is born or adopted after June 29, 2025. It creates a parental union patrimony that includes the family residences, the furniture in them and the vehicles used by the family: upon separation, the value of these assets is shared between the partners, regardless of whose name is on title. The regime also allows either partner to register a declaration of family residence in the Quebec Land Register: once registered, the residence cannot be sold or mortgaged without the other partner's consent. Couples whose children were born before that date can opt in by mutual agreement. For a seller or a buyer, this changes title verification, the consent required at the notary and how a purchase is structured as a couple. The Loaa & Manseur team, number one at RE/MAX Platine in 2024 and 2025, coordinates these transactions with notaries. Answer within 24 hours: 438 807 3653.
What Bill 56 actually changed
For decades, the Quebec rule was brutal and poorly understood: common-law partners had no rights to each other's property, even after thirty years of life together and three children. The house belonged to whoever was on title, period. That is what changed on June 30, 2025, when the parental union regime came into force.
The regime applies automatically to common-law partners whose child is born or adopted after June 29, 2025. No contract to sign, no paperwork: the birth triggers the regime. It is not retroactive, but couples whose children were born earlier can opt in by mutual agreement.
At its core is the parental union patrimony, which includes:
- the family residences, which includes a cottage or a condo used by the family;
- the furniture in them;
- the vehicles used for family travel.
Upon separation, the value of these assets is shared between the partners, regardless of who owns them on paper. One nuance compared with married couples: the regime is more flexible, and partners can adjust its content by notarial act.
Selling: the consent your notary will require
This is the most concrete change for a seller. The regime lets either partner register a declaration of family residence in the Land Register, without even informing the other. Once registered, the owner can no longer sell, lease or mortgage the residence without the other partner's written consent, on pain of nullity.
Concretely, for a seller in a parental union:
- the notary will check the Land Register and require the partner's consent, even if only one name is on title;
- an accepted promise to purchase without that consent can stall at the notary's office;
- during a separation, the sale becomes a negotiation between both partners, exactly as for a married couple.
Our field advice: settle this before going to market, not at the notary's table. A broker who knows the regime asks at the very first meeting who is on title, whether a child was born after June 2025 and whether a declaration is registered. Three questions, two minutes, and the deal does not derail six weeks later. Our selling guides cover the rest of the documentation.
Buying as a couple: the title deserves thought
For an unmarried couple buying today, the regime changes the math. Before, putting the house in one partner's name created a total imbalance: the other could walk away after fifteen years with no rights. Now, if a child arrives after June 29, 2025, the value of the residence will be shared even with a single name on title.
That does not make the title decision trivial:
- the sharing applies to value, not title: being the registered owner still matters for financing, resale and estates;
- couples without children, or whose children were born before June 2025, remain under the old regime: no automatic rights, unless they opt into the parental union or sign a cohabitation agreement;
- unequal down payments deserve a written agreement, before the purchase.
The right reflex: decide on title and protections before making an offer, with the notary. Our promise to purchase guide shows where that reflection fits in the transaction timeline, and our down payment guide covers the money side.
Separation: the house divides differently
For parental union couples who separate, the mechanics now resemble those of married couples, with the patrimony at the centre. The value of the family residence is shared, which opens the same scenarios: one partner buying out the other, selling and splitting the proceeds, or folding the house into a broader settlement.
The classic mistakes are unchanged: valuing the property on impressions instead of closed sales, forgetting that a buyout requires requalifying for the mortgage, and leaving the house in a "temporary" co-ownership that drags on. A documented broker valuation, built on real comparables, gives both parties a neutral basis for the discussion. It is often what unlocks the negotiation.
Three profiles, three immediate actions
- You are selling, common-law, with a child born after June 2025: check the Land Register for a declaration of family residence, and plan for your partner's consent from the day you list.
- You are buying as an unmarried couple: discuss title and the regime with the notary before the offer, especially if a child is planned or has arrived since June 2025.
- Your children were born before June 2025: nothing applies to you automatically. You can opt in together, or remain under the old framework, where a cohabitation agreement is the only real protection.
In every case, the broker-notary duo does the work: the notary structures the law, the broker structures the transaction. The Loaa & Manseur team, the number one team at RE/MAX Platine in 2024 and 2025, 6th RE/MAX team in Quebec, 15th in Canada and in the worldwide top 50 according to the official RE/MAX ranking, coordinates these files with its clients' notaries every week.
Frequently asked questions
What is the parental union in Quebec?
A regime created by Bill 56, in force since June 30, 2025, that applies automatically to common-law partners whose child is born or adopted after June 29, 2025. It creates a parental union patrimony, family residences, furniture and family vehicles, whose value is shared upon separation regardless of title. Couples with children born earlier can opt in voluntarily.
Can a common-law partner sell the house without the other's consent?
It depends. If the couple is in a parental union and a declaration of family residence has been registered in the Land Register, a sale, lease or mortgage without the other partner's consent can be struck down. Without a parental union or declaration, the owner on title can sell alone. The notary checks this systematically before signing, which is why it should be settled before going to market.
Does the parental union apply to children born before June 30, 2025?
Not automatically. The regime is not retroactive: it covers common-law partners whose child is born or adopted after June 29, 2025. Couples with older children can opt in by mutual agreement. For everyone else, the historic rule stands: no automatic rights over the other's property, which makes a cohabitation agreement and a deliberate title decision all the more important.
What does the parental union patrimony include?
The residences used by the family, including a cottage or condo, the furniture in them and the vehicles used for family travel. Upon separation, it is the value of these assets that is shared. The regime offers flexibility: partners can adjust its content by notarial act, which distinguishes it from the family patrimony of married couples.
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This article summarizes a recent legal regime for general information and does not replace advice from a notary or lawyer on your situation. Published by the Loaa & Manseur team, the number one team at RE/MAX Platine in 2024 and 2025, 6th RE/MAX team in Quebec, 15th in Canada and in the worldwide top 50 according to the official RE/MAX ranking. Tell us about your project.
Related reading: Welcome tax refund: up to $5,875 back for first-time buyers, Best realtor in Brossard: 41 days, the number that sorts them and Best real estate team on Montreal's South Shore: the proof test.
Buying as a couple: two FHSAs mean 80,000 dollars toward one down payment. Details in the CELIAPP in English.
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