What property is included in the family patrimony?

The value of the assets that make up the family patrimony will be partitioned between the spouses upon divorce.

Upon divorce, the spouses have the right to partition the value of the family patrimony. The family patrimony is made up of the following property owned by either spouse:

Property for family use:

  • Family residences
  • Rights that confer use of family residences, such as a right of habitation
  • Movable property of the family
  • Motor vehicles used for family travel

Pension benefits accumulated during the marriage:

  • Benefits accrued during the marriage or civil union under a retirement plan (except, in the event of death, a retirement plan governed or established by a law that grants a right to death benefits to the surviving spouse)
  • RRSPs
  • The earnings of each spouse during the marriage or civil union pursuant to the Act respecting the Québec Pension Plan or similar programs (except in the event of death)

Property excluded from the family patrimony

Any property received by either spouse before or during the marriage or civil union by inheritance or through a gift is excluded from the family patrimony.