Division of matrimonial property.

In Quebec, the parties’ assets are divided in two different regimes: family patrimony and the matrimonial regime. Family patrimony includes the assets accumulated and acquired by spouses during their marriage or civil union, regardless of ownership, such as the family residence and other secondary residences, family vehicles’, furniture garnishing these residences, Registered Retirement Savings Plan (RRSP), private pension funds and contributions to the Quebec Pension Plan during the marriage, to ensure equitable distribution upon the dissolution of the union or marriage.

The matrimonial regime sets the rules for other property and debts accumulated during the marriage and their division in the event of the dissolution of the union or the marriage. In Quebec, the default regime is the partnership of acquests, which divides the spouses in two categories: private property and acquests. However, spouses can opt for a different matrimonial regime by signing a marriage contract.

Upon separation or divorce, the division of property is determined by these legal frameworks. Legal advice is often essential to navigate the complexities and ensure an equitable division of the assets and debts in accordance with the law.