De facto spouses: your house may not belong to you anymore

On June 30, de facto spouses acquired new rights in the event of separation. For example, The Parental Union Act automatically subjects unmarried couples who have a common child born. In addition, adopted from June 30, 2025 to the Parental Union regime. Consequently, In the event of death. Consequently, separation, the regime provides in particular the sharing 50-50 of the value of the goods included in the heritage of parental union, such as the cars of the family, the furniture garnishing the residence and the family residences (eg house, chalet).

The example of Stéphanie. For example, Charles

Stéphanie and Charles have been jointly since 2018 and live in a house which is only in the name of Stéphanie. Furthermore, Their common child was born on 1^is July 2025, triggering the creation of a parental union heritage.

20 years later, in de facto spouses: your house 2045, Stéphanie and Charles separated. Even if Stéphanie is the sole owner. the law on parental union provides that the accumulated value of the house from the birth of the child can be shareable at 50%, unless the parties have chosen to exclude sharing by notarial act.

Situations where goods are not shareable

Likewise. if Stéphanie and Charles’ child was born before June 30, 2025, the spouses were excluded from the regime. But if the couple welcomes a new child (born. adopted) after June 30, 2025, the heritage of parental union will be formed from the birth of this child.

The case of Marie. Jean-Sébastien

Marie and Jean-Sébastien live in a notarial condo 65-35, and Marie falls pregnant. Their child was born after June 30, 2025, and the couple is therefore subject to the parental union regime. However, the act, the couple separated two years later.

Despite their initial notarial de facto spouses: your house agreement. the parental union regime provides that the value accumulated on the condo from the birth of the child will be shared 50-50, unless you sign a notarial assistance act within 90 days of the birth which confirms the proportions of the act of purchase (65-35). This act can also be signed after 90 days, but it will then have no retroactive effect.

Adhere. escape it

We can voluntarily join the parental union regime if we are not automatically covered (no child born after June 29, 2025) by signing a contract with the notary or before two witnesses.

It is also possible to evade the creation of the heritage of parental union by signing a notarial act. within 90 days of the birth of the common child. However, the other protections of the parental union regime remain.

These other protections include the right of use of the family residence. the de facto spouses: your house right to a compensatory allowance and the right to inherit if one of the spouses dies without will.

Do we still need to get married?

“Absolutely!” confirms me m^e Alexis Ibgui, lawyer specializing in family law. It is categorical: the protections offered by the parental union are minimal. far from being equivalent to those of marriage. What if you don’t have a common child born after June 29, 2025? You have no automatic protection.

Failing to get married. think of the common life contract: it is the best way to clearly establish the rights and responsibilities of each, during and after the relationship. The law also makes it possible to voluntarily add goods to the heritage of parental union. such as a pension plan, for example.

Notice: This text is offered for information only and does not constitute a legal opinion. If you have any questions about your rights or de facto spouses: your house obligations, consult a lawyer or a notary. The content of this article was read and approved by M^e Alexis Ibgui, lawyer specializing in family law.