From Family Patrimony to Parental Union Patrimony

1.   Family Patrimony

The family patrimony consists of a core group of property expressly provided for by law. A first category of property is included when two criteria are met:

1. One of the spouses owns the property;

2. The property is used by the family;

A second category consists of rights accumulated during the marriage under a retirement plan.

Article 415 C.C.Q. lists the property included in the family patrimony:

1. The family residences or the rights that confer use of them;

2. The movable property furnishing or decorating those residences and used by the household;

3. The motor vehicles used for family travel;

4. Rights accumulated during the marriage under a retirement plan, including earnings registered during the marriage in the name of each spouse under the Quebec Pension Plan or equivalent programs.

Only the portion of the value accumulated during the marriage is subject to partition.

For example, if a woman owns a car that she purchased and paid for before the marriage, the value of that car will not be subject to partition upon separation.

Upon separation, the value of all property included in the family patrimony will be divided equally, regardless of whether the non-owner spouse contributed to acquiring or paying for the property.

Certain property is excluded from the family patrimony even if it is used by the family and owned by one spouse. This includes property received by inheritance or gift.

Consider another example: a man inherits his parents’ house. After the marriage, the couple decides to live there and it becomes the family residence. Upon separation, the value of the residence will not be subject to partition because he inherited it.

The same applies if, instead of inheriting the house, he had received it as a gift.

Exceptionally, in certain circumstances, an unequal partition of the family patrimony may be obtained under article 422 C.C.Q.

This article provides three grounds that may justify a request for unequal partition:

1. The short duration of the marriage (or civil union);

2. The dissipation of certain property by one of the spouses;

3. Bad faith on the part of one of the spouses;

All provisions governing the family patrimony apply, with the necessary modifications, to spouses in a civil union.

2.   Parental UnionPatrimony

The parental union provisions came into force on June 30, 2025. They apply to de facto spouses who live together and are the parents of a child born after June 29, 2025, regardless of the method of procreation, including surrogacy or adoption.

Once a parental union is established, the law creates a parental union patrimony. Like the family patrimony, it consists of a core group of property owned by one of the spouses and used by the family, the value of which may be subject to partition between the de facto spouses upon separation.

Article 521.30 C.C.Q. lists the property included in the parental union patrimony:

1. The family residences or the rights that confer use of them;

2. The movable property furnishing or decorating those residences and used by the household;

3. Motor vehicles used for family travel.

As with the family patrimony, the article further provides that property received by one spouse by inheritance or gift, before or during the union, is excluded from the parental union patrimony.

It should also be noted that retirement plans are not included in this list.

The legislature recognizes that de facto spouses may have chosen not to marry or enter into a civil union for specific reasons, and that some may wish to preserve their freedom.

Accordingly, the law recognizes their freedom of contract by allowing spouses in a parental union to modify the list of property included in the parental union patrimony, unlike the family patrimony. They may even decide that the parental union patrimony rules will not apply to them at all. To do so, their decision must be recorded in a notarized act en minute.

This decision must be made bymutual agreement. If one of the de facto spouses refuses the modification, the provisions of the Civil Code will apply.

3.   Key Takeaways

• Regardless of the matrimonial regime chosen (former community of property, partnership of acquests or separation as to property), there is a core group of property whose value will be divided equally between the spouses, regardless of who owns the property;

• The family patrimony is amatter of public order and is created upon marriage without any additional formality. The list of property included in it cannot be modified;

• The law allows spouses to enter into mutually satisfactory agreements; through such agreements, it may be possible to renounce the partition of certain property in the family patrimony;

• Spouses subject to the parental union regime benefit from significant protection; however, they may jointly decide that the rules governing partition of the parental union patrimony will not apply to them;