---
title: "Refusal of Partition Based on Equity in Quebec ✦ Goldwater Droit"
description: "In Quebec, partition of family patrimony can be refused or reduced in cases of manifest inequity under article 422 C.c.Q. Discover how this exception is applied. Learn your options."
canonical_url: "https://goldwaterdroit.com/en/faqs/can-partition-be-refused-based-on-equity-under-article-422-c.c.q."
locale: en
meta:
  "og:description": "In Quebec, partition of family patrimony can be refused or reduced in cases of manifest inequity under article 422 C.c.Q. Discover how this exception is applied. Learn your options."
  "og:title": "Refusal of Partition Based on Equity in Quebec"
---

# 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.

C.c.Q. art. 415–418, 422

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