{"id":1094,"date":"2020-06-09T19:29:50","date_gmt":"2020-06-09T17:29:50","guid":{"rendered":"https:\/\/carolinesimard.ca\/?p=1094"},"modified":"2021-11-16T22:40:55","modified_gmt":"2021-11-17T03:40:55","slug":"undivided-co-ownership","status":"publish","type":"post","link":"https:\/\/carolinesimard.ca\/en\/undivided-co-ownership\/","title":{"rendered":"Undivided co-ownership"},"content":{"rendered":"\n

When people say they are co-owners of a property,\nwithout knowing it, they are referring to undivided co-ownership, as opposed to\ndivided co-ownership. In practice, being in an undivided co-ownership almost\nalways presupposes a close relationship between the co-owners. These are often\nspouses, friends or business partners who have a desire to share the use of a\nproperty or the related expenses and income.<\/p>\n\n\n\n

This text provides an overview of undivided\nco-ownership to help you see things more clearly.<\/p>\n\n\n\n

Undivided co-ownership vs. divided co-ownership<\/h2>\n\n\n\n

Undivided Co-ownership is the type of ownership which is not accompanied by a physical division of the property. If there are two co-owners, they each own half of the entire property. Undivided co-owners of a motor vehicle<\/strong> cannot claim exclusive ownership of either side of the property! Some spouses who are undivided co-owners of a house<\/strong> may attribute to each other the exclusive use of one or more rooms, but the fact remains that, physically, the property is not divided.<\/p>\n\n\n\n

You have understood that in the case of divided co-ownership, it is the opposite. It only applies to buildings and, in practice, we are talking about condominiums<\/strong>. Each co-owner has exclusive ownership and use of his or her private portion, physically divided, and a share of the common areas (elevators, roofs, exterior walls, parking, etc.).<\/p>\n\n\n\n

Establishment of indivision<\/h2>\n\n\n\n

Undivided co-ownership is established in different ways. It may result from a contract<\/strong>, a succession<\/strong>, a judgment<\/strong> or the law<\/strong>.<\/p>\n\n\n\n

Usually, indivision is created by contract. When two\nor more people purchase a property together, whether movable or immovable, there\nis indivision. There is therefore no need for the co-buyers to have a formal\ncontract between them in this regard: the mere mention in the deed of sale of a\nplurality of purchasers will have the effect of creating a situation of\nindivision. The shares of the undivided co-owners are presumed to be equal. <\/p>\n\n\n\n

Thus, when two people purchase a property, it is\npresumed that they each have 50% of the shares, even if their contributions to\nthe sale price are unequal; it is then presumed, by extension, that the person\nwho made a larger contribution made a gift to the other. It should be noted\nthat in this case, it will be impossible to use the unjust enrichment remedy\nbecause of the existence of a contract. Consequently, it is important, if the\nintention of the co-buyer who invests more money in the purchase of the\nproperty is not to make a gift to the other, to mention in the contract the\ndifferent value of each person's shares.<\/p>\n\n\n\n

Joint heirs who inherit the same property will also be in a situation of undivided ownership. A judgment may also have the effect of attributing ownership of a property to two people, who will then become undivided co-owners. Another example would be a judgment in transfer of title, where the promising sellers or buyers have refused to honour their promise to contract. Undivided co-ownership by law is rather rare, but this is notably the case for joint works<\/a> that straddle the dividing line (walls, ditches, fences, etc.).<\/p>\n\n\n\n

Rights and obligations of undivided co-owners<\/h2>\n\n\n\n

The Civil Code of Qu\u00e9bec<\/em> provides a series of\nrules governing co-ownership by indivision, unless the undivided co-owners have\nagreed otherwise.<\/p>\n\n\n\n

The common good<\/h3>\n\n\n\n

The administration of the property is done jointly by the undivided co-owners. This means that decisions must be taken by majority vote. When there are only two undivided co-owners and their shares are equal, there must be consensus, otherwise there is a deadlock, subject to judicial intervention when there is no other solution. It should also be noted that decisions to sell<\/strong>, share<\/strong>, mortgage<\/strong> or substantially change<\/strong> the property must be made unanimously.<\/p>\n\n\n\n

The undivided co-owners must also share the use of the\nproperty among themselves, since they all have the right to use and enjoy it,\nprovided they do not interfere with the destination of the property or the\nrights of the other co-owners. This is, in a way, a form of good\nneighbourliness. If one of the co-owners has exclusive use of the property, he\nis liable for compensation. This often happens when a couple separates and only\none of the spouses continues to occupy the residence for some time. The\ncompensation is at the discretion of the court and may be based on the rental\nvalue of the property or on what it costs the other spouse to find reasonable accommodation\nelsewhere.  <\/p>\n\n\n\n

Finally, the undivided co-owners will have to share,\nin proportion to their share, the income and expenses relating to the property.<\/p>\n\n\n\n

The exclusive right: the share<\/h3>\n\n\n\n

Each co-owner has exclusive ownership of their share\nand can, in principle, sell or mortgage it. Likewise, its creditors can seize\nit. However, the above is more theoretical than practical. In particular, the\nundivided co-owner will find it difficult to sell his share to a third party,\nsince few people are interested in being in undivided co-ownership with a\nstranger.<\/p>\n\n\n\n

In addition, in the event that one of the co-owners\nsells their share to a third person, any undivided co-owner may, within 60 days\nafter learning of the fact, reimburse the new buyer to remove him from the\nundivided co-ownership. This right of withdrawal must be exercised within year from\nthe sale. Similarly, an undivided co-owner who learns that a creditor intends\nto sell or take in payment the share of another undivided co-owner may pay the\ndebt of the latter to satisfy the creditor. The undivided co-owner who has paid\nthe debt may subsequently claim what he has paid from the co-owner who was the\ndebtor of the debt.  <\/p>\n\n\n\n

No one is bound to remain in indivision<\/h3>\n\n\n\n

A fundamental rule of indivision is that no undivided\nco-owner is required to remain in indivision. This means that partition can always\nbe brought about, with some exceptions.<\/p>\n\n\n\n

The\npartition will take place either by the redemption of the other's share or by\nthe sale of the immovable to a third party, which will result in the sharing of\nthe profit from the sale between the undivided co-owners in proportion to their\nshare. In the event of disagreement on the value of the share, it will be\ndetermined by an expert, generally a chartered appraiser.<\/p>\n\n\n\n

The indivision agreement<\/h3>\n\n\n\n

The indivision agreement allows the undivided\nco-owners to derogate from the rules provided by the law. It may, for example,\ndeal with decision-making, the use of the property, the sharing of expenses and\nincome, the terms and conditions concerning the end of the indivision, etc.\nSuch an agreement will become the law of the parties. Sometimes, a few\nparagraphs inserted in the deed of purchase will take the place of an\nindivision agreement.<\/p>\n\n\n\n

Conclusion<\/h2>\n\n\n\n

Although the rules of the Civil Code that apply by default may be suitable for most undivided co-owners, it would be prudent to, at least, consider various eventualities in order to determine whether an indivision agreement, even a succinct one, would not be appropriate in your situation. In all cases, whether preventive or curative, Although the rules of the Civil Code that apply by default may be suitable for most undivided co-owners, it would be prudent to, at least, consider various eventualities in order to determine whether an indivision agreement, even a succinct one, would not be appropriate in your situation. In all cases, whether preventive or curative, our team<\/a> is equipped to meet all your legal needs in matters of indivision.<\/p> \" target=\"_blank\" rel=\"noreferrer noopener\" aria-label=\"our team is equipped to meet all your legal needs (s\u2019ouvre dans un nouvel onglet)\">our team is equipped to meet all your legal needs<\/a> in matters of indivision.<\/p>\n","protected":false},"excerpt":{"rendered":"

When people say they are co-owners of a property, without knowing it, they are referring to undivided co-ownership, as opposed to divided co-ownership. In practice, being in an undivided co-ownership almost always presupposes a close relationship between the co-owners. These are often spouses, friends or business partners who have a desire to share the use […]<\/p>\n","protected":false},"author":1,"featured_media":1086,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[34,26,27],"tags":[166,163,161,157,156,165,158,167,162],"class_list":["post-1094","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-cat-business-law","category-cat-civil-law","category-cat-real-estate-law","tag-car","tag-co-owners","tag-co-ownership","tag-condo","tag-condominium","tag-house","tag-indivision","tag-indivision-agreement","tag-undivided-co-ownership"],"acf":[],"yoast_head":"\nUndivided co-ownership. 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