When a couple is married and one adult is admitted to shelter, the couple is still considered married. However, to calculate the benefits of the sheltered adult and of the family an administrative division is made of their property. To divide the property, the type of matrimonial regime applicable to the couple must first be identified; the value of the property will be attributed to its administrator under the matrimonial regime.*
The property and income of an adult admitted to shelter who is a member of a family will be excluded from the property (movable and immovable) and income of his or her family from the 4th month of shelter, since the adult admitted to shelter then ceases to be part of the family. In the case of couples, therefore, it must be determined what income and property is attributable to the family and what to the sheltered adult.
LIQUID ASSETS
When a married or common-law couple has a joint account in a financial institution, each member of the couple will have the total sum attributed to him or her for the purpose of benefit calculation.
VEHICLES
Reference is made to the purchase contract for common-law couples and to the matrimonial regime for married couples.
PRINCIPAL RESIDENCE
1. In the case of married persons:
- If the residence is ATTRIBUTED to the adult ADMITTED TO SHELTER who receives last resort assistance, the net value of the residence is exempted up to $187 996 and this exemption has no impact on the financial assistance given to the adult admitted to shelter. When the adult ADMITTED TO SHELTER is eligible to the severely limited capacity for employment benefit, the exemption is increased by $1000 for each full year of occupancy as owner of the residence. Furthermore, when the adult admitted to shelter has more than 2 dependent children, an additional exemption of $2000 is granted for each additional child.
Following the first year of his or her residence, 2% of the total property value exceeding $1,500 is deducted to calculate the benefit, even if the spouse continues to live in the property.
- If the residence is ATTRIBUTED to the adult NOT ADMITTED TO SHELTER who receives last resort assistance, the net value of the residence is exempted up to $187 996 and this exemption has no impact on the financial assistance given to the adult admitted to shelter. In the case of a NON-SHELTERED adult who is eligible for the allowance for persons with a severely limited capacity for employment, the exclusion is increased to $1,000 per complete year of occupancy as the owner of the residence. Moreover, if the NON-SHELTERED adult has more than 2 dependent children, an additional exclusion of $2,000 is granted per additional child.
- If the residence is attributed JOINTLY to BOTH ADULTS, proportion of the value of the residence must be attributed to the sheltered adult by referring to the private or notarized purchase contract of a validly registered immovable. If this stipulation is not contained in the contact, one-half of the value is attributed to each spouse.
2. In the case of common-law spouses:
Reference must be made to the notarized purchase contract to determine the owner of a residence.
- SEPARATION AS TO PROPERTY
A person married under this regime is the owner of his or her property and its value must be attributed to him or her. Each spouse administers his or her movable and immovable property. Under this regime the value of each spouse's property is attributed to its owner, while the value of jointly-owned property is halved.
- COMMUNITY OF PROPERTY
Each spouse has all the powers of an owner over his or her own property and the value must be attributed to him or her. However, jointly‑owned property is administered by the husband and its value must be attributed to him. A person's own property includes immovable owned by each spouse before marriage and received after marriage from a succession, or in some cases from a legacy (will) or gift, as well as payments received after marriage as damages for personal or bodily injury.
Jointly-owned property includes: movables owned by the couple on the day of their marriage and movables and immovable purchased after marriage. In addition, it includes income accrued or received after marriage from a person's own property and as a result of the work of each spouse during the marriage, subject to provisions regarding a married woman's separate estate.
For example, if a residence is purchased after marriage it will be regarded as a jointly‑owned property and its value will be attributed to the husband. However, a residence received by the wife from a succession, will or gift will be attributed to her, as it is her own property.
- PARTNERSHIP OF ACQUESTS
Each spouse's own property belongs to him or her and must be considered as such: it is generally what was acquired before marriage.
Property acquired after the marriage is an acquest: until the marriage ends each spouse administers his or her own acquests. For example, the value of a residence purchased after the marriage will be attributed to its purchaser.