Partitioning of the family patrimony and liquidation of the matrimonial or civil union regime

If you are married or in a civil union and you live in Québec, the rules on family patrimony in the Civil Code of Québec apply automatically except in special cases. These rules take precedence over, but do not cancel, what is written in the will.

The property in the family patrimony is divided according to its value. It’s the value of each piece of property, not the property itself, that is divided.

The surviving spouse receives half the net value of the following property:

• all residences used by the family (e.g. the house or cottage;
• the furniture used by the family to furnish or decorate those residences;
• the motor vehicles used for family transportation.
• the rights accrued in a pension plan during the marriage or civil union.

As part of a liquidation, you have to produce an inventory and calculate the value of the family patrimony. Here’s a fictitious example to help you understand how property is partitioned.

Value and partitioning of family patrimony

The total value of the family patrimony is $273,000. Patricia is entitled to half, or $136,500.

To carry out the partition, you must pay $48,500 to Patricia. This amount is the difference between:

• her legal share of the patrimony: $136,500
• the value of the property already belonging to her: $88,000

Because the family patrimony is being partitioned as a result of the death of one of the spouses, you must exclude the following benefits or earnings:

• benefits accrued or registered during the marriage or civil union in a pension plan in which the surviving spouse receives a death benefit;
• earnings registered during the marriage or civil union in the Québec Pension Plan or in equivalent programs.

For more information on family patrimony, see the Family Patrimony portion of the Marriage and Civil Union section.

The surviving spouse may renounce all or part of the family patrimony in a notarial act.

It must then be recorded in the Registre des droits personnels et réels mobiliers within a year after the surviving spouse receives the entitlement to the partition.

If the deceased was married or in a civil union, there are a few steps to complete before you can settle the succession:

1. Partition the family patrimony;
2. Liquidate the matrimonial or civil union regime;
3. Liquidate the succession (whether legal or testamentary).

Since the rules can be exacting and complex, it’s a good idea to consult a notary or lawyer to avoid errors.

To find out which matrimonial regime applies, check the marriage or civil union contract.

• If there is no marriage or civil union contract, the partnership of acquests regime applies automatically.
• If the deceased was married with no contract before July 1, 1970 and did not subsequently enter into a contract, the community of property regime applies.

For more information on family patrimony and matrimonial or civil union regimes, see Partition of the family patrimony.

If you can’t find a copy of the contract, you can:

• request it from the notary who signed it, or from his or her successor;
• search for it in the RDPRM;
• go to Find a notary on the Chambre des notaires website to look up the notary who received or is safeguarding the contract.

If you’re unable to contact the notary who has the original, ask the Chambre des notaires for assistance.

For further information on matrimonial regimes, see the Marriage and Civil Union section.