Quebec Divorce, Family Patrimony & De Facto Rights

Family Law in Quebec — what to do right now

Two things people in Quebec get wrong from the start. First, the divorce itself is federal: under the Divorce Act the only ground is breakdown of the marriage, normally proven by living separate and apart for one year — no fault, no consent of the other spouse needed. Everything else — family patrimony, your matrimonial regime, the family residence, child support — comes from the Civil Code of Québec. Second, and this is the big one: if you were never married or in a civil union, Quebec is the opposite of most provinces. Traditionally, de facto spouses (common-law partners) in Quebec have no right to family patrimony, no right to spousal support, and no automatic share of property when they break up — the Supreme Court confirmed this in the 2013 'Lola v Eric' case. That changed partly on 30 June 2025: the new parental union regime now protects de facto couples who have a child born or adopted on or after 30 June 2025. Which set of rules is yours depends entirely on your facts. Call our free line and you can get free legal information about exactly where you stand.

The law in Quebec: Family Law

Quebec family law sits on two foundations at once. The divorce — the legal end of a marriage — is federal, governed by the Divorce Act, the same Act used everywhere in Canada. The sole ground is breakdown of the marriage, and in almost every case that is shown by living separate and apart for at least one year. You can file before the year is complete, but a court cannot pronounce the divorce until the separation year has run. Since the 2021 amendments, the Divorce Act speaks of 'parenting time' and 'decision-making responsibility' rather than the old 'custody' and 'access', and every parenting question turns on one test: the best interests of the child. Everything that is not the divorce itself comes from the Civil Code of Québec — and here Quebec's civil-law system is genuinely different from the rest of the country.

At the centre is the family patrimony (patrimoine familial, arts. 414–426 of the Civil Code). For married and civil-union spouses, the family patrimony is mandatory and of public order — you cannot contract out of it, not by marriage contract, not by agreement, not at all. It is made up of specific categories of property used by the family regardless of who legally owns them: the family residences, the household furniture, the motor vehicles used by the family, and the benefits accrued during the marriage under a retirement or pension plan, an RRSP, and the Québec Pension Plan. On separation, divorce or death, you do not divide the property itself — you divide its value. The net value of the family patrimony built up during the marriage is shared equally, regardless of whose name is on title, with deductions allowed for things like a property's value at the date of marriage and debts contracted to acquire it. This is partition of value, not common-law 'equal division of property' — a distinct civil-law concept.

Sitting underneath the family patrimony is your matrimonial regime (the regime governing all your other property and debts). If you signed no marriage contract, the default regime is the partnership of acquests (société d'acquêts), under which property acquired during the marriage is generally shared while private property stays separate. By marriage contract before a notary, spouses can instead choose community of property or separation as to property — but no matrimonial regime can override the family patrimony, which always applies first. Child support follows Quebec's own model — the Québec model for the determination of child support payments, set out in a regulation under the Civil Code, which looks at both parents' disposable incomes. Because Quebec is a 'designated province' under the Divorce Act, this Quebec model usually governs even in a divorce when both parents live in Quebec; the Federal Child Support Guidelines apply where a parent lives outside Quebec. Family matters are heard by the Superior Court of Quebec, which handles divorce, partition of the family patrimony, parenting and support. All of this is general information; how it applies to your facts is a conversation for a Quebec lawyer.

Key Law (Federal + Civil Code of Québec)

Divorce Act (FEDERAL) — sole ground is breakdown of the marriage, usually proven by 1 year living separate and apart; uniform across Canada; uses 'parenting time' and 'decision-making responsibility' since 2021
Family patrimony (Civil Code of Québec, arts. 414–426) — MANDATORY and of public order for married + civil-union spouses; the VALUE (not the property) is shared equally on separation/divorce/death
Matrimonial regime — default is the partnership of acquests (société d'acquêts); alternatives (community of property, separation as to property) require a marriage contract before a notary; cannot override family patrimony
Québec model for child support — a Civil Code regulation based on both parents' disposable incomes; usually governs in Quebec (a 'designated province') even in a divorce
De facto spouses (conjoints de fait) — traditionally NO family patrimony, NO spousal support, NO property partition (Quebec (AG) v A, 2013 SCC 5 — 'Lola v Eric')
Parental union regime (in force 30 June 2025) — de facto couples with a child born/adopted on or after 30 June 2025 acquire a parental-union patrimony, unless they opt out by notarial act

Courts & Agencies

Superior Court of Quebec (Cour supérieure) — hears divorce, partition of the family patrimony, parenting and support; the only court that can grant a divorce
Family mediation service — Quebec offers free mediation sessions to couples with a child in common to help settle parenting, support and property without a contested trial
Notary (notaire) — required for marriage contracts and for opting out of the family patrimony's parental-union counterpart; central to Quebec civil-law family arrangements
Commission des services juridiques (Aide juridique) — Quebec's legal-aid network across the province

Key Rules & Concepts

1 year living separate and apart before a divorce can be pronounced (Divorce Act); you may file earlier
Family patrimony is shared by VALUE, not by transferring the property — and married/civil-union spouses CANNOT contract out of it
Matrimonial regime is separate from family patrimony; the patrimony always applies first regardless of the regime
De facto (common-law) spouses have NO automatic right to spousal support or property partition (Lola v Eric, 2013)
NEW: a child born or adopted on or after 30 June 2025 puts unmarried parents into a parental union — but childless de facto couples are unaffected

Civil law, not common law — why 'dividing the property' is the wrong question in Quebec

Here is what trips people up in Quebec. Most advice you read online — and most of what friends in Ontario or Alberta will tell you — is common law, and it simply does not apply here. In Quebec you do not 'split the assets' or get an 'equalization payment'. For married and civil-union spouses you share the VALUE of a defined family patrimony — the homes, the furniture, the family vehicles, and the pension and retirement savings built up during the marriage — and that sharing is mandatory and of public order, meaning a marriage contract cannot waive it. Separately, your matrimonial regime decides what happens to everything else. And if you were never married, the whole question can flip: traditionally a de facto spouse in Quebec leaves with no patrimony share and no support at all, no matter how long you were together — unless the new 2025 parental union rules now reach you because you have a young child. Knowing which of these frameworks is yours, before you negotiate anything, is the single most important step. Call our free Canadian line and you can get that free legal information, in plain language, in your language.

Likely outcomes & penalties

Family law outcomes in Quebec aren't punishments — they're financial and parenting exposures, and in civil law they run on the Civil Code's defined categories and on whether you were married. Here's the realistic range of what's at stake.

Family patrimony (married / civil union)

You share the net VALUE built up during the marriage of the family residences, household furniture, family vehicles, and retirement/pension/RRSP/QPP benefits — equally, regardless of who owns them (Civil Code arts. 414–426). It is mandatory and of public order: you cannot contract out of it. This is partition of value, not a transfer of the property itself.

Matrimonial regime

On top of the family patrimony, your regime governs your other property. The default is the partnership of acquests, sharing property acquired during the marriage while private property stays separate. A marriage contract before a notary can instead set community of property or separation as to property — but never override the family patrimony.

De facto spouses (no child / pre-reform)

Traditionally, nothing is shared by law. A de facto spouse in Quebec has no right to family patrimony, no right to spousal support, and no automatic property partition (Lola v Eric, 2013). Limited remedies like unjust enrichment or a compensatory claim may exist on specific facts, but there is no automatic regime.

Parental union (child on/after 30 June 2025)

A de facto couple with a child born or adopted on or after 30 June 2025 acquires a parental-union patrimony — the value of the family residences, household furniture and family vehicles is shared on break-up, plus protection of the family residence — unless they opt out by notarial act. Spousal support is still not automatic, though compensatory mechanisms can apply.

Mistakes to avoid

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Reading common-law advice and assuming it applies. Quebec is civil law: there is no 'equalization' and no 'equal division of property' — married and civil-union spouses share the VALUE of a defined family patrimony, which is a different concept with different rules.

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Believing a marriage contract can waive the family patrimony. It cannot. The family patrimony (arts. 414–426) is of public order, so married and civil-union spouses cannot contract out of it — only the separate matrimonial regime can be chosen by contract.

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Assuming that, as a long-term de facto partner, you'll get spousal support or half the home. Traditionally in Quebec you get neither — Lola v Eric confirmed de facto spouses have no automatic support or property rights, which is the opposite of most provinces.

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Thinking the 2025 parental union covers every common-law couple. It only reaches couples who have a child born or adopted on or after 30 June 2025; it is not retroactive, and childless de facto couples remain outside it entirely.

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Confusing the family patrimony with the matrimonial regime. They are two separate layers — the patrimony (mandatory, public order) applies first, and your regime (partnership of acquests by default) governs everything else. Treating them as one thing leads to wrong expectations about who gets what.

How it works

Calling the Canadian line is free. No web form, no income test, no waiting room — just call from anywhere in Quebec and start talking through your situation in plain language, in English or French or your own language.

Talk to an AI assistant trained on Canadian and Quebec family law. The assistant knows the federal Divorce Act and the Civil Code of Québec — the one-year separation rule, the family patrimony and how its value is shared, matrimonial regimes, the de facto / parental-union distinction, and Quebec's own child-support model — and gives you clear legal information about how your situation works and what your next move is. It's information, not legal advice, and the call creates no lawyer-client relationship.

Connect with a Quebec family lawyer — coming soon. A paid consultation service with a Quebec-licensed (Barreau du Québec) family law lawyer is coming soon; it isn't available through the line yet. For now, many callers get what they need from the free conversation and the free resources below.

Free & low-cost Family Law help in Quebec

Quebec has strong, distinctly civil-law resources — a province-wide legal-aid network, the best plain-language legal explainer in the country, the government's own family-justice and free-mediation pages, and a non-profit for people who fall between legal aid and full fees. Start with these.

Commission des services juridiques — Aide juridique (Legal Aid Quebec)

Quebec's province-wide legal-aid network. If you meet the financial eligibility test, legal aid can cover family matters including divorce, partition of the family patrimony, parenting, support and family-violence situations. Find your local legal-aid office through the Commission's directory.

Éducaloi — Couples and Families

Quebec's leading plain-language legal-information charity. Clear, civil-law-accurate explainers on separation and divorce, the family patrimony, matrimonial regimes, de facto unions, the new parental union regime, and child support — written for the public, not for lawyers.

Ministère de la Justice — Separation and Divorce

The Quebec government's official family-justice pages, including how the family patrimony and matrimonial regimes work, the Québec child-support model and its forms, and the free family mediation service for couples with a child in common.

Gouvernement du Québec — Parental Union

The official government explainer on the parental union regime in force 30 June 2025 — who it applies to (couples with a child born or adopted on or after 30 June 2025), what the parental-union patrimony covers, and how to opt out by notarial act.

Barreau du Québec — Lawyer Referral

The Quebec bar's public-facing service for finding a lawyer, including referral information and guidance on choosing and working with a family-law lawyer in your region.

Juripop

A Quebec non-profit legal clinic offering accessible legal services, including support for people experiencing intimate partner and family violence, often for those who don't qualify for legal aid but can't afford standard fees.

FAQ — Family Law in Quebec

Is divorce in Quebec different from the rest of Canada?

The divorce itself is the same: it's federal, under the Divorce Act, with one ground — breakdown of the marriage, normally shown by one year of living separate and apart, with no fault and no need for your spouse's consent. What's different is everything else. Quebec is a civil-law province, so the property and support questions come from the Civil Code of Québec, not the common law used elsewhere. That means concepts like 'family patrimony' and 'matrimonial regime' instead of 'equalization' or 'equal division of property'. Call our free Canadian line and you can get free legal information on exactly how this applies to you.

What is the family patrimony, and how is it divided?

For married and civil-union spouses, the Civil Code of Québec creates a 'family patrimony' (arts. 414–426): the family residences, household furniture, family vehicles, and the retirement, pension, RRSP and Québec Pension Plan benefits accrued during the marriage. On separation, divorce or death you don't transfer the property itself — you share its VALUE equally, regardless of who legally owns it. This is partition of value, a civil-law idea, not the common-law 'split the assets'. Free legal information on how it works is available now when you call our line.

Can a marriage contract let us avoid the family patrimony?

No. The family patrimony is of public order, which means married and civil-union spouses cannot waive or contract out of it — not by marriage contract, not by any agreement. A marriage contract can only choose your matrimonial regime (the rules for your other property, like community of property or separation as to property). The family patrimony always applies first, on top of whatever regime you choose. This is one of the most misunderstood points in Quebec family law.

What's the difference between the family patrimony and my matrimonial regime?

They're two separate layers. The family patrimony is a mandatory, public-order sharing of the VALUE of specific family property (homes, furniture, vehicles, pensions/RRSP/QPP) built up during the marriage. Your matrimonial regime governs everything else — and if you signed no marriage contract, the default is the partnership of acquests (société d'acquêts), under which property acquired during the marriage is generally shared while private property stays separate. Alternatives like community of property or separation as to property must be chosen by notarial marriage contract. The patrimony applies regardless of the regime.

I lived with my partner for years but we never married — what am I entitled to?

This is where Quebec is the opposite of most provinces. Traditionally, a de facto spouse (conjoint de fait, or common-law partner) has no right to the family patrimony, no right to spousal support, and no automatic share of property when the relationship ends — the Supreme Court confirmed this in the 2013 case popularly called 'Lola v Eric'. You may still have limited remedies on specific facts, such as an unjust-enrichment claim, but there is no automatic regime. One major exception is the new 2025 parental union, below. It's worth getting clear legal information before assuming either way.

What is the new 'parental union' regime that started in 2025?

It's a major reform of Quebec family law. The parental union regime came into force on 30 June 2025 and automatically applies to de facto (common-law) couples who have a child born or adopted on or after 30 June 2025. Those couples acquire a 'parental-union patrimony' — the value of the family residences, household furniture and family vehicles used by the family is shared on break-up — plus protections for the family residence. They can opt out, or exclude specific assets, by a notarial act. It does not change the rules for childless de facto couples.

Does the parental union give common-law partners spousal support?

No — not automatically. The parental union created a shared patrimony (the family residences, furniture and vehicles) and protections for the family residence, but it did not give de facto spouses an automatic right to spousal support the way married and civil-union spouses have. Compensatory mechanisms may apply in some situations where one partner was financially disadvantaged. The reform is recent and the details are fact-specific, so it's worth getting clear information about how it affects you.

Does the parental union apply to me if my child was born before 2025?

Not automatically. The regime applies on its own only to de facto couples who become parents of a child born or adopted on or after 30 June 2025 — it is not retroactive. Couples whose children were born earlier are not automatically covered, but they can choose to opt into the regime by a notarial act or an act signed before witnesses. And couples with no children together remain outside the parental union entirely. The exact cut-off matters, so confirm where your situation falls.

How is child support calculated in Quebec?

Quebec uses its own system — the Québec model for the determination of child support payments, set out in a regulation under the Civil Code, which looks at both parents' disposable incomes, the number of children and the parenting-time arrangement. Because Quebec is a 'designated province' under the Divorce Act, this Quebec model usually governs even in a divorce when both parents live in Quebec; the Federal Child Support Guidelines apply where a parent lives outside the province. A real number needs your actual figures, which the free line can help you understand.

Which court handles family matters in Quebec, and is there free mediation?

The Superior Court of Quebec (Cour supérieure) hears divorce, partition of the family patrimony, parenting and support. Quebec also offers a free family mediation service to couples who have a child in common, to help settle parenting, support and property issues without a contested trial — a distinctively Quebec feature worth knowing about. If you're in immediate danger, call 911 first. The free line can help you understand the steps and which process fits your situation.

Is this service free, and is it confidential — and what is it exactly?

The Canadian Legal Hotline line is live now, and the call is free — no income test and no web form, with help available in your language, and you can ask as many questions as you like. To be clear about what it is: Legal Hotline gives legal information, not legal advice, and the call creates no lawyer-client relationship — we're not a law firm and not legal aid. A paid consultation service with a Quebec-licensed family law lawyer is coming soon.

Quebec family lawyers: join our network

Are you a Quebec-licensed (Barreau du Québec) family law lawyer handling divorce, partition of the family patrimony, matrimonial regimes, parenting, support, de facto and parental-union matters? Our free Canadian information line is live now, and we're building our Quebec network ahead of launching paid consultations — connecting callers across Montreal, Quebec City, Laval, Gatineau, Sherbrooke and beyond with vetted local counsel after they've spoken with our assistant. If you'd like to receive matched, consultation-ready referrals in your region and practice area, join our network. This is a path for lawyers only — it does not change the free, no-obligation help we give callers.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

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