Are you married or civilly united? Whether or not you have children, you and your spouse are considered a family in the eyes of the law.
There are specific rules within legal provisions when married or civilly united that have to do with the definition of family assets and protections with respect to the family home.
You may be asking questions about what is actually part of family assets.
Are assets received through inheritances included in family assets?
What happens if one of the spouses owned particular property before the marriage or civil union, which now makes up part of the family assets?
How is everything divided in the event of dissolution of the marriage or civil union?
Can one waive their rights with respect to family assets?
The assignment of family assets serves to create economic equality between married or civilly united individuals. Family assets consist mainly of:
Family residences including all furniture within them;
Motor vehicles used in family travels;
Benefits accumulated in pension earnings during marriage or civil union and registered gains with respect to the Québec Pension Act during the union.
Several provisions within the Civil Code describe the inclusion and exclusion conditions with respect to these assets. The calculation of the net value of family assets, when division occurs, stem from rigid and complex regulations.
Protections with respect to the family home
Did you know…
married or civilly united individuals may not, without the consent from the other, sell or remove furniture used within the household?
married or civilly united individuals renting the family home may not, without the written consent from the other, sublet, transfer or terminate the lease if the landlord has been notified that the dwelling is used as the family home?
if one spouse owns the home, the other can protect his/her rights by submitting a declaration of family home at the “Record of Properties” (“Registre foncier”)?
Your notary is aware of all applicable regulations. Your notary can advise you so that you and your family may benefit from the best possible protections.
To understand all the consequences related to these particular covenants and to adequately protect yourself
Consult your notary: a trusted source.
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