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CCQ-1991 - Civil Code of Québec

Section 484
Disposition versions

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484. Before the partition, dissolution of the regime does not prejudice the rights of pre-existing creditors against the whole of their debtor’s patrimony.
After the partition, the pre-existing creditors may only pursue payment of their claims against the debtor spouse. However, if the claims were not taken into account when the partition was made, they may, after discussion of the property of their debtor, pursue the other spouse. Each spouse then retains a remedy against the other for the amounts he or she would have been entitled to if the claims had been paid before the partition.
In no case may the spouse of the debtor spouse be called upon to pay a greater amount than the portion of the acquests he or she received from the latter.
1991, c. 64, a. 484; I.N. 2014-05-01; 2016, c. 4, s. 59.
484. Before the partition, dissolution of the regime does not prejudice the rights of former creditors against the whole of their debtor’s patrimony.
After the partition, former creditors may only pursue payment of their claims against the debtor spouse. However, if the claims were not taken into account when the partition was made, they may, after discussion of the property of their debtor, pursue the other spouse. Each spouse then retains a remedy against the other for the amounts he or she would have been entitled to if the claims had been paid before the partition.
In no case may the spouse of the debtor spouse be called upon to pay a greater amount than the portion of the acquests he or she received from the latter.
1991, c. 64, a. 484; I.N. 2014-05-01.
484. Dissolution of the regime does not prejudice the rights, before the partition, of former creditors against the whole of their debtor’s patrimony.
After the partition, former creditors may only pursue payment of their claims against the debtor spouse. However, if the claims were not taken into account when the partition was made, they may, after discussion of the property of their debtor, pursue the other spouse. Each spouse then preserves a remedy against the other for the amounts he or she would have been entitled to if the claims had been paid before the partition.
In no case may the spouse of the debtor spouse be called upon to pay a greater amount than the portion of the acquests he or she received from the latter.
1991, c. 64, a. 484.
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