Whether you are married or in a civil union, family patrimony applies automatically in Quebec. Indeed, it is a regime of public order. Thus, it is impossible to opt out of it, even by contract or agreement between the spouses.

What is family patrimony?

Family patrimony is a mechanism provided for in the Civil Code of Quebec. It aims to ensure a certain level of economic fairness between spouses at the end of a union.

Concretely, it includes a set of assets that must be divided equally. This applies regardless of whose name the property is in. Moreover, the initial payment for the property has no impact.

When is family patrimony formed?

Family patrimony is formed automatically at the time of marriage or civil union. It then exists throughout the duration of the marriage or union.

It ends notably upon divorce, legal separation, or annulment of the marriage. It may also end upon the death of one of the spouses.

ATTENTION : The rules of family patrimony do not apply to de facto spouses. However, they may apply if specific provisions have been included in a contract. Since June 2025, a new parental union regime has come into force. Thus, de facto spouses may be subject to a parental union patrimony similar to family patrimony. You may also consult our article on this subject.

What is included in family patrimony?

The contents of family patrimony are set out in section 415 of the Civil Code of Quebec. Indeed, this provision specifies its essential elements. In Quebec law, case law generally divides these assets into two categories. Thus, a distinction is made between family-use property and economic value rights.

Category 1 : family-use property

This mainly includes property that directly serves the daily life of the family, namely :

• Family residences (house, cottage, apartment, etc.);
• The furniture furnishing these residences;
• Motor vehicles used for family transportation, provided that one of the spouses owns them.

• Rights in a retirement plan;
• Gains recorded during the marriage, in each spouse’s name, under the Quebec Pension Plan or equivalent programs (e.g., RRSPs, pension funds, and QPP).

How does the division of family patrimony work?

At the time of dissolution, the net value of the family patrimony is calculated. This value is then divided equally between the spouses.

However, certain exceptions may apply. For example, a spouse may renounce the division. They may also renounce certain deductions. However, these decisions must be made knowingly.

Why consult a lawyer?

Family patrimony raises significant legal and financial issues between spouses. Indeed, determining which assets are included or excluded may become complex. Moreover, their value, applicable deductions, and exceptions vary depending on each situation. Thus, every couple has a unique reality.

A misunderstanding of the rules may have significant long-term financial consequences. Consequently, it is essential to obtain advice tailored to your situation.

A lawyer from our firm can assist you in understanding your rights and obligations in family law. In addition, they can advise you on the available options and represent you throughout the process. Therefore, do not hesitate to contact our team to obtain personalized advice.