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Unmarried Parents in Quebec Now Have New Legal Protections

A law in effect since June 30, 2025, automatically gives common-law couples who have children the same property and inheritance rights as married couples when they separate.

· 2 min read · HOC Montréal Desk
Unmarried Parents in Quebec Now Have New Legal Protections
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Unmarried couples in Quebec who've had a child since June 30, 2025, are now automatically covered by new legal protections that give them many of the same rights as married couples.

The "parental union regime," in effect for over a year, applies automatically to common-law couples who become parents by birth or adoption. It introduces "parental union patrimony," meaning certain family assets—the family home, household furniture, and vehicles used by the family—are shared equally if the couple separates or one partner dies, even if one person legally owns them.

For couples who had children before June 30, 2025, the law does not apply automatically, but they can opt in by mutual agreement through a legal document signed before witnesses or a notary. Couples can also choose to exclude certain assets or opt out entirely by signing a notarized agreement.

The law also creates new protections for the family residence: if a couple separates, a judge can allow the parent with custody of the children to stay in the home temporarily, even if the other partner legally owns it. One important caveat: RRSPs, pensions, and QPP earnings are not automatically divided under the new regime—both partners must specifically include them in a notarial agreement for those to be covered.