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Matrimonial Property Law in Quebec

Heritage Community Foundation, Albertasource.ca and The Famous Five Foundation



Matrimonial Property Law in Quebec

The Swedish Marriage Act

Reading: The Danger of Alimony

Reading: Role of the Church


In Quebec, provincial laws about marriage were based on the Napoleonic Code rather than on British Common Law, creating a view of marriage different than that of any other province.

"Speaking broadly, under the French or Napoleonic Code, marriage is regarded as a community to which each spouse contributes equally by his or her own industry. Their property rights are based upon the principle that whatever is acquired during marriage by the work of either or both, together with the produce and increase thereof, is their common property.

In Quebec, unless there has been a pre-nuptial contract to the contrary, all the moveables become community of property. These include shares in financial concerns and all rents and revenues, except that she cannot alienate her immoveables without her husband's consent or, on his refusal, without judicial authority. She also becomes responsible to a certain degree for the expense incurred in marriage."

In this construction, the wife was half-owner of all property acquired during her marriage—which gave her much more than the Dower Right.

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