---
title: "Who Pays the Mortgage During a Divorce in Quebec? ✦ Goldwater Droit"
canonical_url: "https://goldwaterdroit.com/en/faqs/who-pays-the-mortgage-during-a-divorce-quebec"
last_updated: "2026-09-15T21:48:38.825Z"
locale: en
meta:
  description: "In Quebec there's no automatic rule on who pays the mortgage during a divorce. It's set by agreement or a provisional order and factors into the net-value split."
  "og:description": "In Quebec there's no automatic rule on who pays the mortgage during a divorce. It's set by agreement or a provisional order and factors into the net-value split."
  "og:title": "Who Pays the Mortgage During a Divorce in Quebec?"
---

# Who pays the mortgage during a divorce in Quebec?

There is no fixed rule in Québec about who pays the mortgage while a divorce is ongoing. It is usually addressed as an interim question, either by agreement between the spouses or by a provisional court order that allocates responsibility for carrying costs until judgment. Because the family patrimony is divided on its net value under article 416 of the Civil Code of Québec—the home's value less the debt owed—mortgage payments made in the meantime form part of the financial picture the parties or the court ultimately reconcile. Leaving the question unsettled tends to create disputes, so it is worth addressing early, ideally in a written interim arrangement.

Civil Code of Québec, art. 416 (net value of the family patrimony) Code of Civil Procedure, provisional measures (interim orders)