De facto couples have always had different rights from married couples. However, since Bill 56 came into effect on June 30, 2025, many things have changed. At the heart of this reform: parental union, a new regime designed to provide better protection for families created outside of marriage.
De facto union and parental union: The main differences
De facto union
A couple is considered to be in a de facto union if the partners are not married to or in a civil union with each other. They must be a couple and present publicly as such. If they have a child in common, that child must have been born or adopted before June 30, 2025.
The partners in this situation are de facto spouses.
Without a cohabitation agreement, de facto spouses have no shared patrimony and no obligations toward one another.
De facto couples can choose to join the parental union regime. JuridiQC has created a support tool for this purpose.
Parental union
The parental union regime applies automatically to de facto spouses who become the parents of a child in common after June 29, 2025. They do not have to live together.
In particular, the partners have access to a parental union patrimony. It is comprised of certain property used for the family’s needs, no matter who it belongs to. For example, the home, the furniture, the shared vehicle, etc.
Parental union couples also benefit from the protection of the family residence. This means that an important action related to the family’s home or furniture cannot be taken without the consent of both spouses. For example, to rent out the residence or sell the furniture, the partners must agree.
Do you and your partner not want to share any property? With a notarial deed, you can withdraw from the application of parental union patrimony.
End of the union: What are your rights?
De facto union
In the event of separation, if you have no formal agreement, you are not obliged to share your property. Your former spouse cannot be obliged to grant you a compensatory allowance. Nor do they have to pay support to you, other than as an obligation toward your child.
In the event of the death of your partner, without a will, no inheritance can be bequeathed to you. If you are not officially the owner or tenant of the family residence, you will have no right to the property.
Do you want your de facto spouse to be one of your heirs? You must state this in a will. You can also appoint them as the beneficiary of your life insurance. See Quebec.ca to learn more.
Parental union
In the event of separation, the protection of the family residence is maintained for 120 days after the end of the union. As for the shared patrimony, it is partitioned equitably between the parties.
Legal steps can also be taken to obtain a compensatory allowance from your former spouse.
If the separation is due to the death of one of the partners and that partner did not have a will, the surviving spouse will inherit one-third of the estate.
For more information
Go to Quebec.ca to find out more about de facto union and parental union.
Do you have questions about family law? Call on a lawyer or a notary.
The Protecteur du citoyen does not intervene directly in matters of family law. You can contact us, however, if you have a complaint about the Ministère de la Famille or another government agency.
