Separation as to property

Separation as to property is both a matrimonial regime and a civil union regime. It must be recorded in a contract made before a notary.

Under this regime, each spouse:

  • remains the owner of his or her property, whether acquired before or during the marriage or civil union;
  • administers the property alone;
  • remains responsible for his or her debts, except debts contracted for the day-to-day needs of the family.

Partition of property

In a regime of separation as to property, both spouses retain their own property, provided they can prove they own it.

After partitioning your family patrimony, you must divide the rest of your property following the rules of the regime.

Gifts specified in the marriage or civil union contract

Does your marriage or civil union contract specify gifts to be made to the other spouse? If so these gifts can increase your spouse's share after your death.

However, if you separate, these gifts may be:

  • cancelled if they were to be made in the event of death;
  • cancelled or reduced by the court if they were to be made during your lifetime.

The cancellation takes effect when a judge grants:

  • your divorce;
  • the dissolution of your civil union;
  • the annulment of your marriage or civil union.

Last update: March 11, 2024


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