De facto spouse's property partition after termination? | ScriptaLegal
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Frequently asked questions > Marriage > De facto union > Do de facto spouses have the right to partition the property acquired during the union after termination of common life?

Do de facto spouses have the right to partition the property acquired during the union after termination of common life?

Generally, de facto spouses remain owners of the property which they acquire during the duration of the union and no partition is made at the time of the separation. Let us remind that in the case of de facto union, contrary to marriage or civil union, there is no constitution of a family patrimony. Thus, there is either no partition of the value of the property which enter the family patrimony. Let us mention, however, that some organizations recognize that de facto spouses can create a common patrimony for the duration of their union and that, therefore, a partition of this property can turn out to be necessary. This is the case for An Act Respecting the Quebec Pension Plan, the Supplemental Pension Plans Act as well as certain laws protecting the employees of the public sector which provide, according to very specific conditions, a partition of the eligible earnings acquired during the duration of de facto union. Every law presents peculiarities and it is the reason why it is important to verify the provisions applicable to your union.

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