Who owns what in a marriage in Canada?
In Canada, marital property law is made by each province. In most provinces spouses keep their own property but share its growth on breakdown, and Quebec has a partnership of acquests.
Updated October 2026. Spotted a mistake? Tell us.
What applies by default
In the common-law provinces and territories, property is owned by the spouse in whose name it is, and there is no automatic joint ownership. Quebec's default is a partnership of acquests, which shares the property acquired during the marriage.
When the marriage ends in divorce
In most provinces the property built up during the marriage, or its growth in value, is shared equally on breakdown, with some exceptions. The family home is often treated specially.
A marriage contract
A marriage contract, or domestic contract, can usually be signed before or during the marriage, with formal requirements that differ by province.
What stays your own, and gifts
Gifts and inheritances from outside the marriage are often excluded from the sharing, though the exceptions differ by province.
If one spouse is a foreigner
Divorce is federal law and property is provincial, so where the spouses live in Canada decides which rules apply.
Understand the legal system first
Canada belongs to the Common law family. Family law grows out of the legal tradition, so it helps to know how the system works.
Read the Canada legal-system profile in the Legal Families Atlas →
Can a foreigner buy property in Canada? →
Official sources
Take it further
The family and property rules of a European country in one PDF, with questions for a local lawyer.
Set the property rules before the marriage, in your own terms.
For couples who live together without marrying.
Marriage, divorce, custody and support, step by step.
Divide property and settle the terms in writing.
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TheLawToKnow Tools’s marital property guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
