Writing and publishing a family residence declaration

A spouse, to protect their rights, may if desired, publish a declaration of family residence provided for in the Civil Code of Quebec.

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514 374-4303

A spouse, in order to protect their rights, may, if they wish, publish a declaration of family residence as provided for in the Civil Code of Quebec. This is a declaration stating that the building or dwelling you live in serves as the family residence. This declaration must then be published in the Land Register, against the residence.

Let us recall that all married or civilly united couples, regardless of the date of their marriage or civil union, and regardless of their matrimonial regime, are subject to the family patrimony, except for those who have excluded themselves from it at the time of the entry into force of the Act to amend the Civil Code of Quebec and other legislative provisions to promote economic equality of spouses in 1990. Therefore, in the event of a divorce, married spouses or civilly united partners must share the family patrimony, whether they have entered into a marriage contract or civil union contract or not, whether they have children or not. This is the general rule.

The family patrimony consists of the following property, owned by one or both spouses:

  • The family residences or the rights conferring their use;
  • The furniture that furnishes or adorns these residences and that serves for the household's use;
  • The motor vehicles used for the family's travel;
  • The rights accumulated during the marriage, under a retirement plan;
  • The gains recorded during the marriage, in each spouse's name, in accordance with the Québec Pension Plan Act or equivalent programs (except in the event of death).

The following property is excluded from the family patrimony: property received by one of the spouses through inheritance or donation, prior to or during the marriage, or the reinvestment of such property.

In order to publish a declaration of family residence, a summary examination of the property titles must be conducted to ensure that the other spouse is indeed the owner of the residence. Once this declaration is published, the residence cannot be sold or encumbered with a mortgage without the signature of both spouses.

It is therefore important to consult with a Notaire-Direct specialized in this matter because they:

  • are a legal advisor;
  • are specialists in contract drafting;
  • are required to have liability insurance;
  • are specialists in title research and can therefore verify the validity of the property titles and any charges affecting them.
If you need more information on this service, please contact us
514 374-4303
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