Expertises connexes

The Quebec Civil Code contains several provisions specific to co-ownership. Co-ownership can be divided into two types: undivided and divided co-ownership. On one hand, undivided co-ownership is characterized by the possession by two or more people of the property title to the whole asset (for example, several brothers and sisters owning together the same cottage). On the other hand, divided co-ownership, which is often associated with condominiums, consists of the possession by two or more people of separate “parts” from the same asset (for example, in a condominium, each co-owner owns his unit and the common portions).

Specific rules apply to each type of co-ownership in addition to any agreements that may have been signed between the parties. Several aspects related to co-ownership can be a source of dispute, including, for example:

  • Use Agreement (boat, cottage or other)
  • Succession and sharing of the propriety right
  • Agreement of the syndicate of co-owners (Condominium)
  • Payment of common charges and contingency fund (Condominium)
  • Building rules (Declaration of co-ownership, Condominium)

For example, the building rules where you purchased your condominium prevent you from keeping a pet in your condominium. You recently bought a canary and you want to keep it. It will be necessary to study the building rules to determine if you are allowed to keep the animal and perhaps begin negotiations with the syndicate of co-owners to change the rules.

You inherited the dairy farm of your grandparents along with your brother and sister.  You were satisfied with your condition of co-owner until your brother decided to sell his part to get funds. You do not have the money needed to buy out your brother, but you know that the company will fall apart if it is sold to a third party, a result that you want to avoid at all costs. The law provides that a delay could be granted before the parittion (839 C.C.Q).

In short, various types of co-ownership exist and they are governed by law, but often also by agreements between the co-owners which must be studied carefully to understand the situation and take the appropriate actions.