What happens when one spouse used patrimonial assets to pay personal debts?

In Québec, if one spouse uses assets from the family patrimony (for example, proceeds from the sale of the family residence or shared investments) to pay personal debts, the other spouse may demand compensation during partition. Under C.c.Q. arts. 418, 419, and 462, the court can add back the value of the dissipated property to the patrimony or adjust the equal division to correct the imbalance. The affected spouse must show proof of the transaction and demonstrate that the funds were used for non-family purposes. Courts treat such use as a breach of patrimonial equality subject to reimbursement or offset.

C.c.Q. art. 418, 419, 462

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