Married Couples and Family Heritage? | ScriptaLegal
Personal Business Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Marriage > All married or civilly united couples are subject to the rules of family property

All married or civilly united couples are subject to the rules of family property

All married or civil union couples are subject to the rules of family patrimony, except for those who voluntarily excluded themselves in 1990, regardless of the matrimonial regime they have chosen.

«The danger is in the delay»
Cerventes

All married or civilly united couples are subject to the rules of family patrimony, except those who voluntarily excluded themselves in 1990, regardless of the matrimonial regime they have chosen.

A married couple stops living under the same roof. Six years pass before the husband addresses the Court to obtain a divorce. He requests that the net value of the family patrimony be established not at the date of filing the application, but at the time when he and his wife ceased to live together.

The Court of Appeal* emphasizes that "when spouses separate without making their new status known through a judicial decision, it can become unfair for the assets accumulated by one party after the separation to continue to increase for the benefit of the other". Judicial intervention is the only way to determine the date on which the net value of the family patrimony must be established. For the Court to agree that the value of the patrimony be established at the cessation of cohabitation, the interruption of the common life "must be irrevocable and total, and the spouses must not postpone clauses of a more definitive nature" by pretending that the separation is for therapeutic purposes or to reassess their marital life.

Why postpone until tomorrow what can be done today?

* C.A. 200-09-003816-011, 2002-06-13

François Forget, notary and legal advisor as well as the entire Notaire-Direct team, are at your service to ensure the preparation of your legal documents and answer all your legal questions.
Anyone can decide who will take care of them in the event of incapacity
Me François Forget - October 23, 2004
Drafting a power of attorney with a notary can prevent the opening of a guardianship regime.
The testamentary trust is a useful legal vehicle
Me François Forget - October 22, 2014
The Civil Code of Quebec requires the appointment of at least one trustee, who is not a beneficiary and is...
Does cashing a check count as a final payment?
Me François Forget - April 28, 2004
If a debtor informs their creditor that the remission is a final payment, the latter must express their refusal to...

This browser does not support this kind of file. Please download the file to view it: Download the file