---
title: "Can the right to partition be exercised by succession after a spouse’s death? ✦ Goldwater Droit"
meta:
  "og:description": "Learn whether succession can exercise the right to partition after a spouse's death in Quebec and how heirs or the surviving spouse may assert that claim. Learn your options."
  "og:title": "Can the right to partition be exercised by succession after a spouse’s death?"
  description: "Learn whether succession can exercise the right to partition after a spouse's death in Quebec and how heirs or the surviving spouse may assert that claim. Learn your options."
---

# 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.

C.c.Q. art. 416, 423, 465