Matrimonial regime - separation as to property - The Civil Code of Quebec, Notary Montreal, Marriage contract The Civil Code of Quebec - matrimonial regime - separation as to property,Marriage-contract-matrimonial-regime-separation-as-to-property-notary-montreal.jpg



§ 1.  — Conventional separation as to property

485. The regime of conventional separation as to property is established by a simple declaration to this effect in the marriage contract.

1991, c. 64, a. 485.

486. Under the regime of separation as to property, each spouse has the administration, enjoyment and free disposal of all his or her property.

1991, c. 64, a. 486; I.N. 2014-05-01.

487. Property over which the spouses are unable to establish their exclusive right of ownership is presumed to be held by both in undivided co-ownership, one-half by each.

1991, c. 64, a. 487.

§ 2.  — Judicial separation as to property

488. Either spouse may seek separation as to property when the application of the rules of the matrimonial regime proves to be contrary to the interests of that spouse or of the family.

1991, c. 64, a. 488; I.N. 2014-05-01.

489. Separation as to property judicially obtained entails dissolution of the matrimonial regime and puts the spouses in the situation of those who are conventionally separate as to property.

Between spouses, the effects of the separation are retroactive to the day of the application unless the court makes them retroactive to the date on which the spouses ceased sharing a community of life.

1991, c. 64, a. 489; 2016, c. 4, s. 60.

490. Creditors of the spouses may not apply for separation as to property, but may intervene in the action.

They may also institute proceedings against separation as to property pronounced or executed in fraud of their rights.

1991, c. 64, a. 490.

491. Dissolution of the matrimonial regime effected by separation as to property does not give rise to the rights of survivorship, unless otherwise stipulated in the marriage contract.

1991, c. 64, a. 491.