In Quebec, the family patrimony is a set of property whose value is divided equally between the spouses in the event of divorce, separation from bed and board, annulment of the marriage, dissolution of a civil union or death. It applies to all married couples and couples in a civil union, with or without children, regardless of who owns the property and whatever their matrimonial regime.
Here is what the family patrimony includes, what is excluded and how the division is calculated.
Who is covered by the family patrimony?
The family patrimony is created automatically by marriage or civil union. Its rules are a matter of public order: spouses cannot set them aside in their marriage contract. They apply in addition to the matrimonial regime (partnership of acquests, separation as to property or community of property), which then governs the remaining property.
Common-law partners are not covered. Since June 30, 2025, however, common-law partners who become parents of a child together have a more limited parental union patrimony (see our article on the separation of common-law partners).
What property is part of the family patrimony?
The family patrimony includes the following property, whichever spouse owns it:
- the family’s residences or the rights that give their use, for example the house, condo or cottage;
- the furniture that furnishes or decorates those residences and is used by the household;
- the motor vehicles used for family travel;
- the rights accumulated during the marriage under a pension plan, including an RRSP;
- the earnings registered during the marriage with the Québec Pension Plan or an equivalent plan.
What property is excluded from the family patrimony?
Some property is left out of the division:
- personal property used by only one spouse, such as jewellery;
- property received by inheritance or gift, before or during the marriage, and its increase in value;
- a business or farm, except the part used as the family residence;
- cash and bank accounts;
- investments, savings bonds, treasury bills and shares (other than RRSPs);
- certain specific plans, such as a profit-sharing plan, a supplemental pension plan for high earners or an unregistered annuity contract.
This excluded property is not necessarily “protected” from any division: depending on your matrimonial regime, it may be divided in a second step, when that regime is liquidated.
How is the division of the family patrimony calculated?
The principle: net value, divided equally
It is not the property itself that is divided, but its value. The calculation generally follows these steps:
- Establish the market value of each item of family patrimony property.
- Subtract the debts incurred to acquire, improve, maintain or preserve that property, for example the mortgage balance.
- Deduct certain amounts provided for by law, including the net value of property the spouse already owned at the time of the marriage and the increase in value of that property during the marriage, according to the applicable rules, as well as certain contributions coming from an inheritance or a gift.
- Divide the resulting net value equally between the spouses.
In practice, the spouse whose share is higher pays the difference to the other. Payment can be made in money or by transferring ownership of property. If immediate payment would cause the debtor hardship, the judge may allow instalments over a period not exceeding 10 years. The court may also award certain property to one spouse, such as the family residence.
Pension plans and the Québec Pension Plan
Rights accumulated during the marriage under a pension plan are divided according to rules specific to each type of plan, often through a transfer between accounts rather than a cash payment. Earnings registered with the Québec Pension Plan are divided separately through Retraite Québec. A precise valuation is often needed.
Can the division be unequal?
On application, the judge may depart from equal division when it would result in an injustice for one of the spouses, for example because of:
- the short duration of the marriage or civil union;
- the waste of certain property by one spouse;
- the bad faith of one of them.
These exceptions apply case by case and must be proven.
Can you renounce the division of the family patrimony?
Spouses cannot renounce their rights in the family patrimony in advance, for example in their marriage contract. Renunciation is only possible at certain times set out by law, particularly upon the spouse’s death or in the course of divorce or separation proceedings, and subject to strict formalities. Renunciation has significant and often final consequences: it is strongly recommended to get legal advice before signing.
Frequently asked questions
Is the house bought before the marriage part of the family patrimony?
If it was used as the family residence, it is included. However, its net value at the time of the marriage, and part of the corresponding increase in value, are in principle deducted from the calculation.
Will my inheritance be divided?
Property received by inheritance or gift is excluded from the family patrimony. If an inheritance was used to acquire or improve family patrimony property, it can in principle be deducted, but you must be able to trace its origin.
Does the family patrimony apply if we are married under separation as to property?
Yes. The matrimonial regime does not change the family patrimony, which applies to all married couples and couples in a civil union.
When does the division take place?
It takes place upon divorce, separation from bed and board, annulment of the marriage, dissolution of the civil union or death. For how a divorce unfolds, read our article on the steps, timelines and costs of a divorce in Quebec.
Getting a reliable calculation of your family patrimony
Dividing the family patrimony often has major financial consequences, particularly for the home and pension plans. A lawyer can check the applicable deductions, have the property valued and negotiate a fair agreement. Our lawyers in Montreal and the West Island, at our Pointe-Claire office, can guide you at every step. Visit our family law page or our divorce lawyer in Montreal page.
To discuss your situation, call Liverman Arrais at (438) 861-9500 or write to us using our contact form.
This article provides general legal information and does not constitute legal advice. Every situation is different: consult a lawyer for advice tailored to yours.