Peut-on renoncer au partage du patrimoine familial au Québec?

In Québec, spouses cannot waive their right to partition of the family patrimony before the marriage ends. According to C.c.Q. art. 423, any clause or agreement made in advance to exclude or renounce partition is null and without effect. Only after a divorce, separation, or annulment can a spouse voluntarily renounce their share, as allowed by C.c.Q. art. 465. The waiver must be express, written, and notarized. The rule ensures that both spouses retain protection until their financial situation is definitively settled at the end of the relationship.

C.c.Q. art. 423, 431, 432, 465

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