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Family Law

Matrimonial regimes

In addition to the mandatory division of their family patrimony, a couple ending their marriage or civil union also has to split the rest of their property according to the rules of their matrimonial regime.

Don't know what your matrimonial regime is? Not sure what this even means? No problem. In this Infosheet, Éducaloi explains what you should know about this topic.

How do I find out what my matrimonial regime is?

First, note that matrimonial regimes only apply to spouses who are married or in a civil union.

The marriage or civil union contract determines what regime governs the spouses if they were married or entered a civil union in Quebec. Spouses who did not sign a contract will be subject to the regime of partnership of acquests, unless they were married prior to July 1, 1970, in which case their regime is community of property.

Spouses married outside Quebec without a marriage or civil union contract when they were not domiciled in Quebec are normally governed by the matrimonial regime in their “first common domicile”.

What are the main matrimonial regimes in Quebec?

Partnership of acquests is the most common regime because it does not require a marriage or civil union contract. The main rules of this regime are described further below.

The spouses can enter into the very popular regime of separate as to property only by signing a marriage or civil union contract. Under this regime, each spouse remains the sole owner of property he or she owns if they separate, except for property that is part of the family patrimony.

The third regime is the former regime of community of property, which applies mainly to spouses married without a marriage contract before July 1, 1970.

Is it true matrimonial regimes are no longer important because of the family patrimony?

No. The family patrimony only includes certain kinds of property. The rules of the matrimonial regime apply to all the property that is not in the family patrimony, such as bank accounts and company shares. Spouses separate as to property keep the property they own that is not included in the family patrimony. It is a totally different situation in the case of partnership of acquests, as explained below.

What are the main rules of partnership of acquests?

The two types of property that exist under the regime of partnership of acquests are private property and acquests.

The law sets out what sort of property is considered to be private property. Examples include property inherited by a spouse or received as a gift, work instruments, and “personal rights”, such as the right to receive disability benefits.

All property that is not considered private property is an acquest, such as income and salaries, bank accounts, or shares in a company.

Either spouse is entitled to demand that the other spouse’s acquests be divided along with the family patrimony when they separate. The value of acquests to be divided takes into account any debts the spouse may owe, so it goes without saying that a spouse will renounce his share in the other’s acquests if it is in deficit. No one really wants to share their ex’s debts!