Partition of the parental union patrimony

The parental union patrimony is created during the parental union. It promotes fairness between spouses by ensuring that each receives a fair share.

The rules governing the creation and partition of a parental union patrimony apply to all parental union couples.

For more information about parental union patrimony, see:

• Parental union patrimony
• Parental union

At the end of the parental union (separation, death, marriage or civil union), the value of the parental union patrimony is divided between the spouses according to the terms and conditions provided by law. This means they each get an equal share of the monetary value of the property, without necessarily dividing the property itself.

If Audrey and Simon separate once their children are adults and have left home, the patrimony will be partitioned in the same way. This is because the union does not end when the children reach the age of majority; it ends when the spouses separate.

The first step is to determine the market value of all the property in the parental union patrimony.

Next, the net value of the patrimony is calculated by subtracting any debts contracted to acquire, improve, maintain or preserve the property in the family patrimony.

The partitionable value of the patrimony is then calculated by subtracting some other amounts, such as:

• the net value of any property that was already owned by one spouse at the start of the parental union, and the appreciation in the value of that property during the parental union;
• the value of any contribution made during the parental union to property within the patrimony using property accumulated before the parental union (e.g. savings) or acquired by inheritance or gift, as well as the increase in value of this property following the contribution.

The partitionable value of the parental union patrimony is then divided equally between the spouses.

A spouse who owes money to the other spouse following the partition of the parental union patrimony can pay:

• in cash, or
• by transferring the ownership of property of a value equal to the amount due.

Payment in instalments

If payment of the total amount owed could cause hardship for the spouse making the payment, the judge may order payment of the amount in instalments over a period of not more than ten years.

In fact, the judge can impose any measure needed to make sure that the partition is completed and that the judgment is applied. The court may also require a guarantee in the form of property or an amount of money. If a spouse fails to comply with the requirement, the court may order the seizure of the property or money.

If the spouses do not agree on the partition of the parental union patrimony, the court may allocate some property specifically to either spouse.

Examples:

• the family home
• a cottage
• a boat

If property has been removed from the parental union patrimony and not replaced in the year preceding the date of the partition, the court may order that compensation be paid to the spouse who is disadvantaged by its removal.

The court may also order the payment of compensation if the property has been removed more than a year before the patrimony is partitioned, if it was removed in order to diminish the share of the other spouse.

On application, the judge may decide not to impose an equal partition if it would create an injustice for one of the spouses, for example because of

• the short duration of the parental union,
• the dilapidation of property by either spouse, or
• the bad faith of either spouse.

In some circumstances, it is possible for the spouses to renounce their rights in the parental union patrimony.

Settlement of a succession

When settling a succession, the liquidator must first partition the parental union patrimony before distributing the property according to the deceased’s will or, in the absence of a will, as prescribed by law.