---
title: "Can a spouse claim credit for paying mortgage interest post-separation while living in the family home? ✦ Goldwater Droit"
meta:
  "og:description": "In Quebec, a spouse generally can't claim credit for paying mortgage interest post-separation while living in the family home. Learn your options."
  "og:title": "Can a spouse claim credit for paying mortgage interest post-separation while living in the family home?"
  description: "In Quebec, a spouse generally can't claim credit for paying mortgage interest post-separation while living in the family home. Learn your options."
---

# Can a spouse claim credit for paying mortgage interest post-separation while living in the family home?

In Québec, when one spouse remains in the family home after separation and continues paying the mortgage interest, those payments are normally not reimbursed during partition. Under C.c.Q. arts. 415–418 and 421, the benefit of exclusive occupation offsets the financial outlay, since the spouse enjoys housing use that the other no longer receives. However, a credit may be allowed if the payments led to an increase in equity or reduction of principal, or if fairness clearly requires adjustment. The court evaluates all circumstances, including whether the other spouse contributed to upkeep or received alternate housing benefits.

C.c.Q. art. 415–418, 418.1, 421; C.p.c. art. 510–511