Laframboise v. Vallières

Parties

Procedural Posture

Appeal — Family Law / Matrimonial Property (marriage Contract, Hypothec, Usufruct) / Appeal to the Supreme Court of Canada From the Court of King’s Bench (quebec)

Legal Issues

1. 1 Whether a married wife may validly renounce rights of habitation and usufruct granted by a registered marriage contract by joining in a deed of sale executed by her husband
2. 2 Whether a wife’s renunciation of a hypothec (mortgage) granted in a marriage contract to secure a gift inter vivos is valid
3. 3 Whether such renunciations contravene article 1265 C.C. (prohibition on changes to matrimonial conventions)

Ratio Decidendi

The wife’s renunciations in the deed of sale — both of her future-life usufruct (a donation a cause de mort) and of the hypothec securing the monetary gift — were valid. A donation a cause de mort does not prevent the husband from alienating the property during his life, art.1301 C.C. does not apply because the wife did not bind herself with or for her husband, and art.1265 C.C. does not bar a wife from renouncing her own droits in favour of a third party where such renunciation does not alter the essential matrimonial conventions or impose liability on the husband.

Court Disposition

Appeal allowed with costs; judgment below setting aside the sale was reversed; plaintiff’s action dismissed as to the sale; sale validated.

Orders

• Appeal allowed with costs.
• Judgment of the Superior Court setting aside the sale set aside.