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Thread: prenup in quebec

  1. #1
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    Default prenup in quebec

    My buddy is about to buy a house with his gf... does a Pre nup HAVE to be notarized by a lawyer or just a witness?
    All comments posted on redliners are of my opionon only and do not represent the feelings of the CREA.

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    i thought none of that type of stuff applied in Quebec, once your in together your fucktarded.

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    Prenuptial agreement, or cohabitation agreement? There's a difference.

    That being said, legal documents must be signed by an authority of the law. A witness alone isn't enough. A notary is sufficient - lawyer isn't necessary.

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    Legacy Member PoLaRBe4r's Avatar
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    same here, IIRC there is no prenup, unless he declares that shes his roomie, other then that he's le fucked./
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    Civil unions are legally recognized in Québec. A civil union is essentially the same as a common law union/marriage/agreement.

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    Quote Originally Posted by PoLaRBe4r View Post
    same here, IIRC there is no prenup, unless he declares that shes his roomie, other then that he's le fucked./
    So there is no prenup in quebeC?
    All comments posted on redliners are of my opionon only and do not represent the feelings of the CREA.

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    Prenuptial agreements do not exist under Quebec law.

    In Quebec you have the option to choose between the matrimonial regimes of separation as to property and partnership of aquests. These two regimes are intended to determine how your marital property will be divided at the time of divorce.

    The matrimonial regime will determine how all of the assets belonging to each of you are to be treated except - the family residence, the moveable effects garnishing the family residence, the cars and RRSPs an all forms of pension plans and rights. The latter group of assets are divided subject to the "family patrimony" provisions of the Civil Code of Quebec, which are different from the rules established by the applicable matrimonial regime.

    A pre-nuptial agreement cannot supplant either the family patrimony law or the matrimonial regime, both of which sets of rules are of "public order". This means that you cannot by private contract stipulate out of either the family patrimony law or the matrimonial regime.

    Thus your pre-nuptial agreement will have no effect on the division of property that must take place
    http://www.quebecdivorcelawyer.com/Common_issues/

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    Cohabitation contracts

    A cohabitation contract usually lists each spouse's assets and their exact value, as well as all household goods and the name of the owner(s). In addition to major items such as a car, a cottage and furniture, it is important to keep a record of all smaller items (linens, dishes, etc.), since their combined value may be considerable. It is in the interest of both spouses to identify and keep invoices; should one spouse sell or give away property belonging to the other, or to both of them, the aggrieved spouse can then take legal action.

    In the event of a breakup, the property is divided in accordance with the terms of the contract, which cannot be altered by the court should court intervention be necessary.
    http://www.justice.gouv.qc.ca/englis...le/union-a.htm

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    Legacy Member The Full Monty's Avatar
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    If he's so concerned, why doesn't he just get an appartment with her instead of a house?

    Think about it. If you're worried its not going to work out between the 2 of you, your "investment together" is not really gonna be an "investment" if you have to split the costs with legal fees and such.
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    Quote Originally Posted by The Full Monty View Post
    If he's so concerned, why doesn't he just get an appartment with her instead of a house?

    Think about it. If you're worried its not going to work out between the 2 of you, your "investment together" is not really gonna be an "investment" if you have to split the costs with legal fees and such.
    Thats a stupid thing to say. Lots of people get pre nups cause you never know what could happen in 10-20 years, what if you buy a house and one person puts all the money down wouldn't you want to protect that ?
    All comments posted on redliners are of my opionon only and do not represent the feelings of the CREA.

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    Quote Originally Posted by The Full Monty View Post
    If he's so concerned, why doesn't he just get an appartment with her instead of a house?
    You're assuming they're buying a house together just for the sake of saying they will live under the same roof.
    Think about it. If you're worried its not going to work out between the 2 of you, your "investment together" is not really gonna be an "investment" if you have to split the costs with legal fees and such.
    Hence, prenuptial/cohabitation agreement.

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    Legacy Member The Full Monty's Avatar
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    Quote Originally Posted by binks View Post
    Thats a stupid thing to say. Lots of people get pre nups cause you never know what could happen in 10-20 years, what if you buy a house and one person puts all the money down wouldn't you want to protect that ?
    Then in that case, it should be a standard law.

    Prenumptual agreement is basically a way of saying "I love you and want to live with you forever, but I don't trust you"

    Lots of things have changed over the years. It will be rare to hear couples celebrating their 25th anniversary.

    Nowadays, you're lucky if you make it to year 10.
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    No.

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    Quote Originally Posted by The Full Monty View Post
    Then in that case, it should be a standard law.

    Prenumptual agreement is basically a way of saying "I love you and want to live with you forever, but I don't trust you"

    Lots of things have changed over the years. It will be rare to hear couples celebrating their 25th anniversary.

    Nowadays, you're lucky if you make it to year 10.
    10 Come on more like 5
    [

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    Redliners is probably not the best place to get such advice. Get your buddy to go pay a professional to give him advice. I studied law for 2 years and that's enough to see how complicated all the ifs ands and buts are.

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    Yeah, why don't they just go in 50/50...

    I understand from a business standpoint it only makes sense, but morally it's a little odd.

    "I trust you babe, but only up to my bank account". To each their own I guess.

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    tell him to run. bad idea.

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    Quote Originally Posted by binks View Post
    My buddy is about to buy a house with his gf... does a Pre nup HAVE to be notarized by a lawyer or just a witness?
    Neither, really... Noterizers exist in Quebec for that soul reason. Look em up in the yellow pages.

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    pre-nup have no "real power".

    You can not write a legal agreement that condracticts the law of the land which most do. The laws in Quebec state your common law etc and says your entitles to half - that agreement can / will get shot down. The best you can do is keep what is yours before you become common law etc through the contract.

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    If he is that concerned, he shouldn't get married.

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