What is parental union patrimony

When you form a parental union with your spouse, you also create a parental union patrimony. This patrimony includes the property belonging to you and your spouse that you use to meet your family’s needs.

The accumulated value of this patrimony will be partitioned at the end of the union, leaving you each with ownership of your property.

Your parental union patrimony is made up of all the property used by your family, regardless of whether it is owned by you or your spouse. It includes:

• all the residences used by your family (condominium, house or cottage);
• the furniture and other items used by the family in those residences (bed, TV, stove, table, sofa, coffee-maker, etc.);
• the motor vehicles used for family transportation.

For example, if Frederic and Max have two snowmobiles and a motorboat, these can qualify as motor vehicles if they are used for family travel. In case of disagreement, the court will decide whether or not they qualify.

If Kim and William rent out part of the building they live in and own (such as a triplex), only the portion used by the family is considered part of the parental union patrimony.

Your rights and obligations concerning the family residence

If you are the sole owner of your house or condominium, you must still obtain your spouse’s authorization before selling or hypothecating the property.

This is because, when you formed a parental union with your spouse, your domicile became your family residence. and became subject to the rights that protect the family residence.

Some property is excluded from the parental union patrimony, such as:

• personal property that only you or your spouse use, such as jewelry;
• unlike marriage, the rights that one of you has vested in a retirement plan (e.g., a registered retirement savings plan, or RRSP);
• unlike marriage, the earnings that one of you has registered in accordance with the Act respecting the Québec Pension Plan or an equivalent plan;
• bequests or gifts received by either of you before or during your union, as well as any increase in their value;
• a business or farm, with the exception of the residential part;
• your cash and bank accounts;
• your investments, savings bonds, treasury bills or shares that you or your spouse have taken.

Unlike the family patrimony for married spouses, the parental union patrimony does not include the benefits parental union spouses have accrued under a retirement plan (e.g., a registered retirement savings plan, or RRSP) or earnings they have registered in accordance with the Act respecting the Québec Pension Plan or equivalent programs.