Buying a Property as Common-Law Partners: The Rules Have Changed
Since June 30, 2025, it is no longer possible to treat all common-law partners in the same way when they buy a property in Québec. Some couples are subject to the parental union regime, while others are not. This distinction can have important consequences for the family residence, the sharing of certain values on separation or death, and the protections it is relevant to put in place at the time of purchase.
Before deciding how to protect both buyers, it is therefore necessary first to establish whether or not the couple is in a parental union.
1. Are You in a Parental Union?
The parental union regime has been in force since June 30, 2025. Having a child together is not, on its own, enough to determine your situation: the child’s date of birth or adoption and the couple’s circumstances must, among other things, be verified.
2. You Are Not in a Parental Union
When a common-law couple is not subject to the parental union regime, buying a property deserves particular attention. Living together, even for several years, does not on its own create the same patrimonial protections as marriage, civil union or parental union.
At the time of purchase, it is therefore important to determine clearly who will own the property and in what proportions. When the partners buy together, the deed of acquisition may provide for different undivided shares to reflect, where that matches their intention, a different contribution to the purchase.
3. You Are in a Parental Union
Warning: if you are in a parental union, the analysis is different.
4. What This Changes for the Home and the Family Residence
The parental union patrimony includes, among other things, the family residences, regardless of which of the partners owns them. This regime concerns the shareable value of certain property; it does not automatically make each partner a co-owner of the property.
Title to the property ≠ parental union patrimony ≠ value to be shared.
5. Down Payments and Unequal Contributions
An agreement between the partners may also be relevant to provide for certain terms relating to the property and to a possible separation, notably where down payments or financial contributions are not equal.
6. The Co-Ownership (Indivision) Agreement: Setting the Rules From the Purchase
When two partners buy a property together, it is important that their respective rights be clearly established. The deed of acquisition may provide for different undivided shares where the partners do not wish to hold the property in equal shares.
A co-ownership (indivision) agreement goes further and sets the rules that will apply between the co-owners. It may, among other things, govern the sharing of expenses, maintenance and renovations, the administration of the property, the terms that apply if one of the co-owners wishes to sell their share, and the rules to follow when the co-ownership ends.
This agreement is particularly relevant where the partners have not contributed equally to the purchase or wish to set clear rules for their property from the outset. To be enforceable against third parties, the co-ownership agreement must be registered at the land register.
If the partners are in a parental union, the co-ownership agreement must be analyzed together with the rules specific to the parental union patrimony and the family residence. An agreement between co-owners cannot, on its own, set aside the mandatory rules that apply to the parental union.
7. What Happens on Death?
The consequences of a death are not the same depending on whether or not the partners are in a parental union.
If the common-law partners are not in a parental union, the surviving partner is not a legal heir. In the absence of a will providing for provisions in their favour, the surviving partner therefore does not automatically inherit the deceased’s share of the property.
If the partners are in a parental union, the surviving partner may be called to the estate under the rules of legal devolution, even in the absence of a will. This does not mean, however, that the surviving partner will necessarily receive all of the deceased’s property: their rights will depend on the family situation and the rules applicable to the estate.
Where there is a parental union, death also ends that union and may lead to the sharing of the parental union patrimony before the estate is settled.
In both situations, a will remains an important tool for determining clearly to whom the property is to pass on death, rather than relying solely on the rules set out by law.
8. When to Consult a Notary
Before signing an offer to purchase or the deed of acquisition, a notary can help you determine your situation, structure the deed, prepare a co-ownership (indivision) agreement or an agreement between the partners, and coordinate these steps with your wills.
At Groupe Synergie Notaires, founded in 2007 by Me Mirabela Petrulian in Laval, we regularly assist common-law couples looking to protect their joint real estate purchase in a concrete, personalized way. Every situation is unique — which is why a tailored notarial consultation makes all the difference.
Contact Groupe Synergie Notaires
Are you purchasing a property with your common-law partner in Laval or the Greater Montreal area? Don't leave the protection of your investment to chance. Book a consultation with Me Mirabela Petrulian today and take the steps needed to secure your future together.
📍 67 Boulevard Samson, Laval (Sainte-Dorothée), QC H7X 3E6 📞 (514) 399-1009 ✉️ info@gsnotaires.com
This text is provided for informational purposes only and does not constitute legal advice. As each situation is unique, it is recommended that you consult a professional to obtain advice tailored to your particular situation.