Matrimonial regime – the partnership of acquests. The Code civil of Quebec.

448. The property that each of the spouses possesses when the regime comes into effect or that each subsequently acquires constitutes acquests or private property according to the rules that follow.

449. The acquests of each spouse include all property not declared to be private property by law, and, in particular,

450. The private property of each spouse consists of

451. Property acquired with private property and acquests is also private property, subject to compensation, if the value of the private property used is greater than one-half of the total cost of acquisition of the property. Otherwise, it is an acquest subject to compensation.

452. Where, during the regime, a spouse who is already a co-owner in indivision of property, held as private property, acquires another part of it, this acquired part is also that spouse’s private property, saving compensation where applicable.

453. The right of a spouse to support, to a disability pension or to any other benefit of the same nature remains the private property of that spouse; however, all pecuniary benefits derived from these are acquests, if they fall due or are collected during the regime or are payable to that spouse’s heirs and successors at death.

454. The right to claim damages and the compensation received for moral or bodily injury are also the private property of the spouse.

455. Property acquired as an accessory of or an annex to private property, and any construction, work or plantation on or in an immovable which is private property, remain private, saving compensation, if need be.

456. Securities acquired by the effect of a declaration of dividends on securities that are the private property of either spouse remain that spouse’s private property, saving compensation.

457. Income derived from the operation of an enterprise that is the private property of either spouse remains that spouse’s private property, subject to compensation, if it is reinvested in the enterprise.

458. Intellectual and industrial property rights are private property, but all fruits and income arising from them and collected or fallen due during the regime are acquests.

459. All property is presumed to constitute an acquest, both between the spouses and with respect to third persons, unless it is established that it is private property.

460. Any property that a spouse is unable to prove to be his or her exclusive private property or acquest is presumed to be held by both spouses in undivided co-ownership, one-half by each.

461. Each spouse has the administration, enjoyment and free disposal of his or her private property and acquests.

462. Neither spouse may, however, without the consent of the other, dispose of acquests inter vivos by gratuitous title, with the exception of property of small value or customary presents.

463. The restriction to the right to dispose of acquests does not limit the right of either spouse to designate a third person as a beneficiary or subrogated holder of an insurance of persons, a retirement pension or any other annuity, subject to the application of the rules concerning the family patrimony.

464. The spouses, individually, are liable on both their private property and their acquests for all debts incurred by them before or during the marriage.

465. The regime of partnership of acquests is dissolved by

466. In any case of dissolution of a regime, the court may, upon the application of either spouse or of the latter’s successors, decide that, in the relations between the spouses, the effects of the dissolution are retroactive to the date when they ceased sharing a community of life.

467. Each spouse retains his or her private property after the regime is dissolved.

468. Acceptance may be either express or tacit.

469. Renunciation shall be made by notarial act en minute or by a judicial declaration which is recorded.

470. If either spouse renounces partition, the share of the other’s acquests to which he or she would have been entitled remains vested in the other.

471. A spouse who has misappropriated or concealed acquests, wasted his or her acquests or administered them in bad faith forfeits his or her share of the acquests of the other spouse.

472. Acceptance and renunciation are irrevocable. Renunciation may be annulled, however, by reason of lesion or any other cause of nullity of contracts.

473. When the regime is dissolved by death and the surviving spouse has accepted the partition of the acquests of the deceased spouse, the heirs of the deceased spouse may accept or renounce the partition of the surviving spouse’s acquests, and, excepting preferential awards which only the surviving spouse is entitled to receive, the provisions on the dissolution and liquidation of the regime apply to them.

474. When a spouse dies while still entitled to renounce partition, the heirs have a further period of one year from the date of death in which to have their renunciation registered.

475. When the partition of a spouse’s acquests is accepted, the property of the patrimony of that spouse is first divided into two masses, one comprising the private property and the other the acquests.

476. Property susceptible of compensation is assessed according to its condition at the time of dissolution of the regime and to its value at the time of liquidation.

477. No compensation is due by reason of disbursements necessary or useful for the maintenance or preservation of the property.

478. Unpaid debts incurred for the benefit of the private property give rise to compensation as if they had already been paid with the acquests.

479. Payment with the acquests of any fine imposed by law gives rise to compensation.

480. If the statement shows a balance in favour of the mass of acquests, the spouse who holds the patrimony makes a return to that mass for partition, either by taking less, or in value, or with his or her private property.

481. Once the settlement of compensation has been effected, the net value of the mass of acquests is determined and evenly divided between the spouses. The spouse who holds the patrimony may pay the portion due to the other spouse by paying him or her in money or by giving in payment.

482. If the dissolution of the regime results from the death or absence of the spouse who holds the patrimony, the other spouse may require to be given in payment, on condition of payment of any equalizing sum, all at once or by instalments, the family residence and the movable property serving for the use of the household or any other family property to the extent that they were acquests or property forming part of the family patrimony.

483. If the parties do not agree on the valuation of the property, it is valued by experts designated by the parties or, failing them, the court.

484. Before the partition, dissolution of the regime does not prejudice the rights of pre-existing creditors against the whole of their debtor’s patrimony.