What is included in the parental union patrimony?
Short answer
In Quebec, the parental union patrimony covers three categories of property: the residences where the family lives, the furniture in those residences that is used by the family, and the motor vehicles used for the family's travel. Pension plans and RRSPs are not part of it.
In detail
This is the major difference from the family patrimony of married couples. The official FAQ of the ministère de la Justice (Quebec's justice department) is categorical: “Unlike the family patrimony for married spouses, the rights that one of you has accumulated in a pension plan (for example, a registered retirement savings plan, or RRSP) and the earnings that one of you has registered under the Act respecting the Québec Pension Plan or equivalent programs are not included in the parental union patrimony.”
The residences covered include an apartment, a house, a condo and even a cottage, as long as the family lives there. For an income property where you occupy one of the units, only the part used by the family is included in the patrimony, in proportion to what your unit represents relative to the whole building.
For vehicles, the FAQ specifies that snowmobiles, side-by-side vehicles, motorboats or pontoon boats “may be characterized as motor vehicles if they are used for the family's travel”. That is a question of fact, and “if there is a dispute on that fact, it will be up to the court to decide how the property is characterized”.
What to document
For each item of property: the date it was acquired, the price paid, who paid and with what money, and what it is used for. Photos of the furniture, vehicle registrations, the deed of purchase of the residence, mortgage statements. For a recreational vehicle, write down concretely how the family uses it (outings, driving the children) — that is exactly what the court will have to assess.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Gouvernement du Québec — The parental union: frequently asked questions (official PDF)
- JuridiQC — Spouses in a parental union: how is property divided on separation?
Related questions
- Does the house I owned before meeting my spouse get divided?
- 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?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.