In a previous article we discussed the property that is included in the family patrimony. In Quebec, at the time of marriage, a matrimonial regime is also created. The default matrimonial regime in Quebec is the Partnership of Acquests, which came into force in April 1981. Prior to this, the default regime was the Community of Property.
In fact, all couples since April 1981 that have not preceded their marriage with a marriage contract choosing another regime (for example, Separation of Property) are deemed to be married in Partnership of Acquests.
The parties, before entering into their marriage, may agree to choose, as their matrimonial regime, Separation of Property. The choice of the matrimonial regime is made by a notarial deed and is published in the RDPRM.
The Partnership of Acquests governs all the property that is not included in the family patrimony, such as bank accounts, investments, rental property, real estate that does not serve for the family, personal papers, businesses, etc.
The Partnership of Acquests is divided into private property and the acquests.
The private property consists of personal clothing, documents, wedding bands and any property held before marriage.
The acquests include all fruits and revenues from work, and any other assets that are not established to be private property.
The matrimonial regime can be changed during the marriage but only by notarial deed.
The matrimonial regime is dissolved either with a judgment of divorce, a judgment of separation from bed and board, or the death of either spouse.
Gianina Fuschini, Attorney-at-Law
Alepin Gauthier Avocats inc.