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. |