Amendments to the Civil Code: Things to check with de facto spouses

A parental union is formed automatically upon: 

• De facto spouses becoming parents of a child born or adopted after June 29, 2025.
• Parents of a child born or adopted after June 29, 2025, becoming de facto spouses.

Parents of a child born before June 29, 2025, may also voluntarily subject themselves to the parental union regime.

Spouses may, by mutual agreement and by notarial deed, change the composition of the parental union patrimony or exclude themselves from it. If the de facto spouses withdraw from the parental union regime within 90 days of its formation, the parental union patrimony is deemed never to have been established.

The parental union regime does not apply to de facto spouses who do not have children or whose common children were all born or adopted before that date.

Parental union refers to the formation of a parental union patrimony, which consists of certain property of the de facto spouses, including the residences used and the family residence. Therefore:

• The rules relating to the protection and award of the family residence laid down for married or civil union spouses apply to spouses forming a parental union. Therefore, the family residence may not be sold, mortgaged, or rented without the consent of the other spouse.

Additional verifications to be carried out with the seller or lessor (residential sector)

As of June 30, 2025, when verifying the marital status of the seller or lessor, the broker must inform them about the new rules concerning de facto spouses. The broker must ask additional questions to verify whether his client's situation is covered by the new parental union patrimony rules and whether the intervention of the de facto spouse is necessary for the real estate transaction.

Where required, the real estate broker must obtain the consent and signature of all parties involved in the transaction, including the de facto spouse.

If the client and his de facto spouse have changed the composition of the parental union patrimony or excluded themselves from its application, the broker must obtain proof to this effect and keep it on file.

Keep in mind that collecting personal information about the client's marital status is necessary for the broker to provide services in accordance with the brokerage contract. Collecting personal information requires the valid consent of the person concerned.

We invite you to take a closer look at the new rules for de facto spouses, particularly regarding succession provisions.

ATTENTION: Some contents available on the OACIQ website may not yet reflect recent legislative amendments. Please check the update dates for these contents, including the OACIQ Guidelines and Professional Practices Guides. In addition, the virtual agent Élise will be adjusted in real time to take into account these new rules.

¹ 2024, chapter 22.

² See the Guideline – Privacy Protection