Family patrimony is the entirety of goods and assets that must be shared equally between partners in case of divorce, no matter which type of matrimonial regime governed the marriage contract. It is impossible for one of the partners to waive beforehand, in a contract, equal sharing of family patrimony.
Here is how family lawyers for each party proceed. The goods and assets that must be shared in case of divorce are as follows:
-The houses, cottages or other residences that were used by the family at the time of separation
-All the furnishings of these residences
-Vehicles used to move around the members of the family
-All the RRSPs and the pension plans accumulated by the partners during the marriage.
Excluded from sharing are certain specific assets such as goods inherited or donated during the marriage or goods that were used exclusively by one of the partners.
Sharing may done in goods or in cash, which means one partner may compensate the other one in cash for the value of the house that belongs to them.
Finally, goods sold during the year preceding the separation may be subject to compensation. This measure prevents a partner from liquidating their assets to avoid their obligations in case of divorce.