Can partition be refused based on “equity” under article 422 C.c.Q.?

In Québec, article 422 C.c.Q. allows the court to refuse or reduce partition of the family patrimony if it would be manifestly inequitable to one spouse. This discretion is exercised in exceptional cases, often where one spouse’s conduct or financial contribution has been extremely disproportionate or where hardship would result from equal division. The judge must assess all relevant circumstances, including duration of the marriage, economic dependency, and the origin of property. However, courts apply this exception restrictively—equity cannot override the general principle of equal partition established in arts. 415–418 C.c.Q.