---
title: "When does the right to partition the family patrimony arise between ex-spouses? ✦ Goldwater Droit"
meta:
  "og:description": "Discover when the right to partition the family patrimony arises in Quebec after divorce, separation, annulment, or death. Property is valued at dissolution. Learn your options."
  "og:title": "When does the right to partition the family patrimony arise between ex-spouses?"
  description: "Discover when the right to partition the family patrimony arises in Quebec after divorce, separation, annulment, or death. Property is valued at dissolution. Learn your options."
---

# When does the right to partition the family patrimony arise between ex-spouses?

In Québec, the right to partition of the family patrimony arises when the marriage ends, that is, upon divorce, legal separation, annulment, or death. Under C.c.Q. arts. 416–417, the right is triggered at that moment, and each spouse’s share is determined based on the value of the assets as of the date of dissolution. This includes family property such as the residence, vehicles, and pensions. The division process can then proceed either by agreement or through the Superior Court, even if the property has not yet been sold or transferred.

C.c.Q. art. 416, 417, 423