Quebec
Property Division in Quebec
15 min read
Updated
Family Patrimony
The family patrimony includes: family residences, furniture in those residences, family vehicles, and accumulated pension rights during marriage. This is divided 50/50 upon divorce, regardless of whose name property is in or what your marriage contract says.
Matrimonial Regimes
After dividing the family patrimony, remaining property is divided according to your matrimonial regime. The default is 'partnership of acquests' (property acquired during marriage is shared). Other options include separation as to property (each keeps their own) or community of property.
What's Excluded
Property received by gift or inheritance is generally excluded from both family patrimony and acquests. However, the rules are complex - for example, a gifted residence used as the family home becomes part of the family patrimony.
Common-Law Couples
Important: Quebec's property division rules do NOT apply to common-law couples (de facto spouses). Unlike other provinces, Quebec provides no statutory property rights for unmarried couples, regardless of relationship length.
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