How do you withdraw from the parental union patrimony?
Short answer
In Quebec, withdrawing from the rules of the parental union patrimony has to be a joint decision by both spouses and has to be made before a notary. There is no maximum deadline, but the withdrawal is never retroactive: made within the 90 days following the start of the parental union, the patrimony is not formed at all; made later, whatever accumulated between the start of the union and the date of withdrawal has to be divided.
In detail
The official FAQ is precise on the three points people confuse. First, you cannot withdraw from the whole regime: “you may only withdraw from the rules governing the parental union patrimony”. The other rules, including the protection of the family residence, “will continue to apply at all times”.
Second, it has to be a joint decision: “Can one of the spouses decide alone to remove certain items from the parental union patrimony? ANSWER: No. It has to be a joint decision, made before a notary.”
Third, the 90-day period is not a deadline for withdrawing; it is the line that separates a complete withdrawal from a partial one. And if a new common child is born or adopted, the withdrawal must be confirmed by notarial act within the 90 days following that birth or adoption in order to remain valid.
What to document
The date the parental union began (the birth or the adoption of your common child), the date the notarial act of withdrawal was signed, and a copy of the act. If a new child arrives, note the date immediately: the 90-day clock starts over and the act has to be confirmed.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Gouvernement du Québec — The parental union: frequently asked questions (official PDF)
- Gouvernement du Québec — Withdrawal from the application of the parental union patrimony
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.