In Quebec, there are two main matrimonial regimes: separation of property, established through a marriage contract, and the partnership of acquests, which can be adopted with or without a contract. It is possible to change your matrimonial regime during the course of a marriage, but doing so requires a formal notarial act to dissolve the current regime and legally adopt a new one. These two regimes are distinct in nature, and it is crucial to understand their differences in order to make an informed choice that aligns with the couple’s specific needs and preferences.
The partnership of acquests
According to Article 432 of the Civil Code of Quebec (C.c.Q.), the partnership of acquests is the default matrimonial regime. It automatically applies to spouses who do not choose another regime.
Two categories of property
Under Article 448 C.c.Q., the partnership of acquests consists of two types of property: private property and acquests. As the article states, “the property each spouse owns at the beginning of the regime or acquires thereafter constitutes either private property or acquests.”
Acquests
Article 449 C.c.Q. defines acquests as “all property not declared private by law.” This includes “income earned from employment during the regime” and “fruits and revenues received during the regime from all property, whether private or acquests.”
Private property
Simply put, private property refers to property owned or possessed by one spouse at the beginning of the regime, as well as any property received during the marriage by donation or inheritance. Articles 450 and onward of the C.c.Q. outline other specific cases where property is classified as private.
Dissolution and liquidation of the regime
Upon dissolution of the matrimonial regime, private property remains the exclusive property of the spouse who owns it, while acquests must be divided. Each spouse has the right to accept or renounce the division of acquests in value.
The separation of property regime
This regime is governed by Articles 485 and following of the Civil Code of Quebec. To be valid, Article 485 C.c.Q. requires that it be explicitly stated in a marriage contract.
Rights and obligations of the spouses
In this regime, each spouse has full ownership, enjoyment, and control of their property. If neither spouse can prove exclusive ownership of an asset, it is presumed to be jointly owned, with each having a 50% share.
Dissolution and liquidation of the Regime
Unlike the partnership of acquests, the separation of property regime does not involve the division of property acquired during the marriage, except for the value of property included in the family patrimony. Family patrimony is a matter of public order and applies to all married couples upon separation (with some exceptions). Therefore, each spouse retains their personal property, while jointly owned property is presumed to be split equally unless proven otherwise.
Conclusion
In summary, Quebec’s matrimonial regimes the partnership of acquests and the separation of property offer distinct legal frameworks for couples. The default regime of partnership of acquests provides structured rules for dividing private and shared assets, with a fair distribution of acquests upon dissolution. In contrast, the separation of property regime offers full autonomy to each spouse, with no sharing of property acquired during the marriage, except for the family patrimony. Understanding these distinctions is key for couples to make informed decisions based on their specific situation.
If you are unsure which regime is right for you or are considering changing your current matrimonial regime, feel free to contact us for guidance.