Different matrimonial regimes in Quebec

Published on August 20, 2025

The matrimonial regime refers to the set of legal rules that govern the ownership and management of the spouses’ property. In Quebec, it directly influences the division of the family patrimony and the sharing of acquests or separate property in the event of a separation.

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For married couples, the rules of the family patrimony govern the disposition of certain property upon divorce. However, some property is excluded from these rules. That property is then subject to the matrimonial regime chosen by the spouses.

The Quebec legislator has provided for two types of matrimonial regimes :

  • Community regimes, which involve pooling the assets and liabilities accumulated during the marriage (community of property, partnership of acquests)
  • The separation regime, which is characterized by the absence of a common pool of property created during the marriage.

Partnership of Acquests

The partnership of acquests is the default matrimonial regime if the spouses do not choose another (art. 432).

Each spouse manages their own property, regardless of its category, and pays their own debts, except those contracted for the ordinary needs of the family.

Property is classified into two categories : separate property and acquests. Each spouse owns property in both categories and manages it individually.

As a general rule :

  • Acquests are those acquired by the spouse during the union (salary, commissions, lottery winnings, family allowances, etc.)
  • Separate property includes, among others, property owned before marriage. Property may also be separate due to its nature, the circumstances of its acquisition, its improvement, or its use, such as : RRSPs accumulated before marriage, property received by inheritance or gift during marriage, clothing, work tools necessary for one’s profession, etc.

In the event of separation, each spouse keeps their separate property (art. 467 al.1). However, the spouses must equally share the acquests. This means that each spouse receives half of the net value of the other’s acquests. However, if the balance of acquests is negative, a spouse may refuse the division (art. 467 al. 2).

Community of Property

The community of property was the default matrimonial regime in Quebec until July 1, 1970. The legal provisions governing this regime have been repealed, so it is no longer possible to choose this regime upon marriage. However, it remains applicable to couples married before 1970 who chose this regime. Property is divided based on its date of acquisition (before or during the marriage) and is categorized into 3 categories (art. 1272 and 1273) :

  • Community property
  • Personal property (or separate property)
  • Property reserved for the other spouse
Each spouse administers their separate property. Community property is administered by the husband, with the consent of the wife.

In the event of separation, the wife has two options :
  • Keep her reserved property and leave the community property to her husband;
  • Equally share her reserved property and the community property with her husband.

Consult the Government of Quebec website for more information on this regime.

Separation as to Property

Under this regime, each spouse :

  • Owns their property, whether acquired before or during the union;
  • Manages their property alone;
  • Pays their own debts, except those contracted for the ordinary needs of the family (art. 486).

At separation, each spouse keeps their property, but they must be able to prove ownership.

Conclusion

Ultimately, the choice of a matrimonial regime directly influences the management of property, responsibilities, and division in the event of separation. Since every situation is unique, it is strongly recommended to seek personalized advice.

Our firm is here to assist you in choosing and understanding your matrimonial regime. Contact us today to learn more about our services.

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