Can the right to partition be exercised by succession after a spouse’s death?

In Québec, when a spouse dies, the right to partition of the family patrimony survives and may be exercised by or against the deceased’s succession. Under C.c.Q. arts. 416, 423, and 465, the heirs can claim the deceased’s share of the family patrimony, or the surviving spouse may assert their right to partition against the estate. This ensures that the division of family property occurs before the succession is distributed. However, the surviving spouse can renounce partition in writing, typically before a notary, if both parties agreed before death or as part of estate settlement.