Quebec Property Division Calculator

Quebec uses a mandatory two-step process under the Civil Code (CCQ-1991, Articles 414–426). First, the family patrimony — residences, furnishings, vehicles, and retirement savings — is divided equally between spouses. Second, all remaining assets are divided according to the couple's matrimonial regime, typically the partnership of acquests (default since 1970) or separation as to property. Courts may order unequal division under Article 422 only when equal partition would cause clear economic injustice.

Under Article 415 CCQ-1991, the family patrimony includes four categories: family residences (principal and secondary), household furnishings used by the family, motor vehicles used for family travel, and retirement savings accumulated during the marriage including RRSPs and pension plan benefits. This list is exhaustive — assets not specifically named, such as bank accounts, investments, or business interests, are not part of the family patrimony and fall instead under the matrimonial regime.

Quebec follows neither the common-law community property nor the equitable distribution model. As a civil law jurisdiction, Quebec mandates equal partition of the family patrimony (Articles 414–426 CCQ-1991) regardless of the matrimonial regime. This is a public order rule that cannot be waived. Remaining non-patrimony assets follow the chosen matrimonial regime — the default partnership of acquests shares acquests equally, while separation as to property lets each spouse keep their own assets.

RRSPs, LIRAs, RRIFs, and employer pension benefits accumulated during the marriage are part of the family patrimony and divided equally under Article 415 CCQ-1991. Quebec Pension Plan (QPP) credits are partitioned automatically by Retraite Québec following a divorce judgment unless both spouses waive partition. Private-sector pension plan benefits must be requested separately — the former spouse typically receives their share as a transfer to a LIRA or LIF, not as a pension payment.

The family residence is included in the family patrimony under Article 415 CCQ-1991 and its net value is divided equally. Neither spouse can sell or mortgage the family home without the other's consent, regardless of whose name is on the title. The division is based on monetary value — one spouse may keep the home and compensate the other with an equalizing payment. Secondary residences used by the family, such as a cottage, are also included in the patrimony.

Yes. Under Article 415 CCQ-1991, property received by gift or inheritance from a third party is expressly excluded from the family patrimony. However, if you invested inherited funds into a patrimony asset — for example, using a $20,000 inheritance toward a family residence renovation — you may deduct that contribution and its appreciation under Article 418. Gifts exchanged between spouses during the marriage are not excluded and remain part of the patrimony.

Debts contracted to acquire, improve, maintain, or preserve family patrimony assets are deducted from the patrimony's net value before equal division under Article 417 CCQ-1991. Non-patrimony debts follow the matrimonial regime: under the partnership of acquests, debts related to acquests are generally shared, while under separation as to property, each spouse is responsible for their own debts. If a spouse dissipated assets within one year before divorce proceedings, Article 421 allows courts to order compensatory payment.

De facto (common-law) partners in Quebec have no family patrimony and no automatic right to property division upon separation, regardless of the relationship's duration. Each partner keeps their own property. However, as of 2025, Quebec created a parental union patrimony providing some property protections for common-law parents. De facto partners can also protect themselves through a cohabitation agreement. QPP credit splitting is available to de facto spouses but requires a joint application within 4 years of separation.