Does the house I owned before meeting my spouse get divided?

In detail

The division does not apply to the gross value of the property, but to the divisible value. The Quebec government lists what is deducted: property owned before the union and the increase in value accumulated on it during the union; property received by succession or by gift and its increase in value; and contributions made with savings from before the union or with money that was inherited or received as a gift.

In practice, if you owned the house before the parental union began, the value it had at that point and the increase in value on that share stay with you. If you made a down payment out of an inheritance, that amount and its increase in value are also deducted.

What is left after those deductions is then divided. The general rule is an equal division of the value, but the court may depart from it to avoid an injustice. Payment can be made in money or by transferring property, and the court may allow payments spread over a maximum period of ten years where there is hardship.

What to document

The appraisal or purchase price of the house as of the date the parental union began, the deed of sale, the mortgage statement as of that date, and proof of where the money came from (bank statements, will, deed of gift, cheque from the estate). Without that paper trail, the deduction becomes very hard to establish.

Official sources

• Gouvernement du Québec — Partition of the parental union patrimony
• Gouvernement du Québec — The parental union: frequently asked questions (official PDF)

Related questions

• How do you withdraw from the parental union patrimony?
• Can my spouse sell the house without my consent if it is in their name?
• Can I ask for support for myself if we were not married?
• What happens to our property if we are neither married nor in a parental union?
• If I die without a will does my de facto spouse inherit?

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