What are the deadlines to bring an action for partition or recourse after divorce or annulment?

In Québec, a spouse who wishes to bring an action for partition or other patrimonial recourse must do so within three years of the divorce, legal separation, or annulment of marriage, according to C.c.Q. art. 427. After this time, the claim is prescribed, meaning it cannot be pursued unless the other spouse agrees voluntarily. A waiver or settlement reached after divorce must be express and notarized under C.c.Q. art. 465. The three-year period ensures finality in financial matters and encourages prompt resolution after marital breakdown.

C.c.Q., art. 427, 465

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