What are the different matrimonial regimes in Quebec?

There are two types of matrimonial regimes in Quebec: the regime of separation as to property (by marriage contract) and the regime of partnership of acquests (with or without a marriage contract). It is possible to switch regimes after getting married, but the matrimonial regime will have to be changed and the old regime dissolved.

There are two types of matrimonial regimes: the regime of separation as to property (by marriage contract) and the regime of partnership of acquests (with or without a marriage contract).

The regime of partnership of acquests

Since July 1, 1970, the matrimonial regime of partnership of acquests is the legal regime that has applied to all married spouses with no marriage contract. It also applies to spouses in a civil union who have not contractually established their regime prior to their union ceremony. However, if desired, it is also possible to sign a marriage contract for a partnership of acquests.

In a partnership of acquests, there are two types of assets: “private property” and “acquests.” Private property is usually acquired before the marriage or civil union, or received during the regime by inheritance or through a gift. All property not considered private by law is an acquest.

Under the partnership of acquests, each spouse administers their own private property and acquests. In the event of divorce or death, the spouses may claim an amount corresponding to the partitionable value of the acquired property according to the rules set out in the Civil Code of Québec. The consent of the other spouse is necessary in order to make gifts of acquests.

Regime of separation as to property

To be married under the regime of separation as to property, the spouses must sign a marriage contract at a notary’s office, preferably before getting married.

Under the regime of separation of property, each spouse administers their own property, referred to as “private property.” Each person is the owner of the property in their own name. For this reason, spouses should keep all documents that establish ownership of each piece of property, such as receipts and titles of ownership.

The regime of separation of property has the advantage of ensuring the complete autonomy of spouses and protecting each spouse against the errors or financial difficulties of the other. In the event of divorce or death, however, the partition of the property that is part of the family patrimony applies to all married couples, regardless of their matrimonial regime. However, in the case of divorce, the regime of separation as to property can result in some inequalities for the financially weaker spouse.

The regime of separation as to property is often the choice of couples who are remarrying, who own businesses or who want to be economically independent.

Note: Regardless of the matrimonial regime, a spouse who is the sole owner of a family residence cannot sell or mortgage it without the consent of the other spouse.

There are two types of matrimonial regimes in Quebec: the regime of separation as to property (by marriage contract) and the regime of partnership of acquests (with or without a marriage contract).