Advantages Condo

Generally speaking, the married or common-law spouse cannot do what he/she wants with the family residence without the consent of the other spouse, regardless of which one of the two spouses owns the property.

The family residence is where the family members have their principal activities and may also be subject to a lease, so there is no real need to be owner of it. One must, however, in order to be protected, notify the owner of the property that it is the residence used for the family, under Section 403 of the Civil Code of Québec.

This notice protects the family, because only one of the spouses may, without the written consent of the other, sublet, transfer or terminate the lease, provided that the owner of the building was aware of the function of the family home. Such a notice can be found particularly in the lease of the Régie du logement in section I, but it can also be given at any time before the subletting, transfer or termination by either spouse.

Anyone who has not given his/her consent can therefore request the nullity of the deed, unless he approves. In addition, he may seek damages from the spouse or any other person who has caused injury.

The fact of having put forward as a family residence a housing provides protection in some cases, but does not give the right as a tenant to the spouse who is not mentioned in the lease, there is thus no legal link with the owner in the decision Normand vs Kiang (2011 QCRDL 40425).