---
title: "Does the Name on Title or Mortgage Matter for the Family Home? ✦ Goldwater Droit"
canonical_url: "https://goldwaterdroit.com/en/faqs/does-title-or-mortgage-name-matter-family-home-quebec"
last_updated: "2026-09-15T20:59:50.051Z"
locale: en
meta:
  description: "In Quebec, whose name is on the title or mortgage does not decide the family home. Under arts. 415–416 C.c.Q. the net value is shared equally."
  "og:description": "In Quebec, whose name is on the title or mortgage does not decide the family home. Under arts. 415–416 C.c.Q. the net value is shared equally."
  "og:title": "Does the Name on Title or Mortgage Matter for the Family Home?"
---

# Does it matter whose name is on the title or mortgage of the family home?

In Québec, whose name appears on the title or the mortgage does not determine how the family home is treated on divorce. Article 415 of the Civil Code of Québec includes the family residence in the family patrimony where it is owned by either spouse, and article 416 requires the net value to be divided equally. What the law shares is value, not ownership: the family patrimony gives each spouse a monetary claim, so the spouse whose name is on the title keeps the property but owes the other half of its net value. The mortgage matters to the calculation because it is the net value—value minus the debt still owed—that is divided.

Civil Code of Québec, art. 415 (patrimony covers property owned by either spouse) Civil Code of Québec, art. 416 (equal division of net value)