The Civil Code of Québec stipulates that a spouse who is married or joined in civil union is entitled to half of the divisible value of the family patrimony, unless the spouse has waived the division. The family patrimony consists of the property accumulated by the couple that is used by the family, regardless of who the owner is (family residence, furniture, automobile, earnings registered in the Québec Pension Plan, retirement pension, etc.).
When you liquidate the succession of a person who was married or joined in civil union, you must first settle the partition of the family patrimony. This takes precedence over, but does not void, the will and any testamentary provisions in a marriage contract or civil union contracts.
You can then distribute the other property of the succession according to the deceased’s wishes, as specified in a will, or in accordance with the rules of legal succession.
