On June 30, 2025, The Act respecting family law reform and establishing the parental union regime will come into effect, amending the Civil Code of Québec. This reform introduces a new legal concept: the parental union patrimony, which could have a direct impact on your real estate plans if you are a de facto spouses with one or more children in common.

What is a parental union? Does it apply to you?

A parental union is established when:

• De facto spouses become parents of a child born or adopted after June 29, 2025.
• Parents of a child born or adopted after this date become de facto spouses.
• Parents of a child born before this date voluntarily choose to opt into the regime through a notarized act or a written contract signed before witnesses.

Note that it is also possible to opt out of the regime through a notarized agreement. If the withdrawal takes place within 90 days of the beginning of the parental union, the regime is considered never to have existed.

How does this affects selling or renting your property?

The parental union regime creates a shared patrimony that includes certain assets of de facto spouses, notably the family residence. Since June 30, 2025, the rules that currently apply to married or civilly united couples will extend to partners bound by this new regime. Therefore:

• The sale, rental, or mortgage of the family residence cannot proceed without the consent of the other partner, even if only one person is listed as the owner.

For example, if you own a home where you live with your de facto spouses and your children, you may now be required to obtain their consent for any real estate transaction. In other cases, if you and your partner have signed a notarized agreement to modify or exclude the parental union patrimony, you will need to provide proof of this agreement to your broker.

What should you do now?

• Inform your real estate broker of your family situation at the start of your project.
• If a notarized agreement has been signed between you and your partner, prepare a copy for the transaction file.
• Clarify your family status from the outset to avoid any legal complications or delays when selling or renting.

Do you have questions about your specific situation?

Contact our team, we’ll guide you through every step of your transaction and, if needed, connect you with specialized legal professionals for a full legal analysis tailored to your situation.