Related Expertise
The Civil Code of Québec contains several provisions specific to co-ownership, which is a legal situation that arises when two or more people share ownership of the same property. This form of ownership is common in both family and commercial contexts, and it can apply to buildings, land, cottages, or even agricultural enterprises. Co-ownership can be divided into two main types: undivided and divided co-ownership, each with its own legal framework and implications.
Understanding Co-Ownership in Quebec: Divided vs. Undivided
Undivided Co-Ownership
On one hand, undivided co-ownership is characterized by the simultaneous possession by two or more individuals of the property title to the entire asset, without any specific physical division. In this context, all co-owners hold a percentage share in the whole property rather than a specific portion. For example, several brothers and sisters jointly owning the same family cottage fall under this category. Each of them has an undivided interest in the entire cottage, regardless of how often they use it or which part they occupy. Decisions must typically be taken unanimously or according to the terms of a co-ownership agreement, which often becomes necessary to avoid misunderstandings or conflicts.
Divided Co-Ownership
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). These “private portions” are individually owned, while “common portions,” such as hallways, elevators, staircases, and shared outdoor spaces, are collectively owned and maintained by the syndicate of co-owners. This form of co-ownership is governed by specific regulations laid out in a declaration of co-ownership and managed by a syndicate or board.
Potential Sources of Disputes in Co-Ownership
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)
Examples of Co-Ownership Disputes
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.
Co-ownership disputes can also arise in different contexts, such as in the case of an inherited family business: 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 partition (839 C.C.Q.).
Navigating the Complexities of Co-Ownership
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.
Bernier Fournier has significant expertise in co-ownership law, enabling effective assistance in resolving disputes, drafting agreements, and navigating legal obligations. Their experience ensures clients receive tailored, reliable guidance to protect their interests in all co-ownership matters.