CCQ-1991 - Civil Code of Québec

Section 423 Disposition versions

2014-05-01

423. The spouses may not, by way of their marriage contract or otherwise, renounce their rights in the family patrimony.

A spouse may, however, from the death of the other spouse or from the judgment of divorce, separation from bed and board or nullity of marriage, renounce such rights, in whole or in part, by notarial act en minute; that spouse may also renounce them by a judicial declaration which is recorded, in the course of proceedings for divorce, separation from bed and board or nullity of marriage.

Renunciation shall be entered in the register of personal and movable real rights. Failing entry within a period of one year from the time when the right to partition arose, the renouncing spouse is deemed to have accepted.

1991, c. 64, a. 423; 1992, c. 57, s. 716; I.N. 2014-05-01.

1994-01-01

423. The spouses may not, by way of their marriage contract or otherwise, renounce their rights in the family patrimony.

One spouse may, however, from the death of the other spouse or from the judgment of divorce, separation from bed and board or nullity of marriage, renounce such rights, in whole or in part, by notarial act en minute; that spouse may also renounce them by a judicial declaration which is recorded, in the course of proceedings for divorce, separation from bed and board or nullity of marriage.

Renunciation shall be entered in the register of personal and movable real rights. Failing entry within a period of one year from the time when the right to partition arose, the renouncing spouse is deemed to have accepted.

1991, c. 64, a. 423; 1992, c. 57, s. 716.