About the Declaration of family residence and its consequences

If you, or your intended spouse, do not meet the conditions for marriage, any person may oppose the solemnization of your marriage.

This means that the person may, after seeing your notice of marriage, ask the court to prohibit its solemnization.

Any interested person may oppose the solemnization of your marriage, including your child, without assistance from an adult.


Once a declaration of family residence has been registered against a house or apartment, one spouse must obtain the written consent of the other spouse before:

  • selling,
  • donating,
  • leasing,
  • subletting, or
  • hypothecating the house or apartment.

This rule applies even if:

  • you are the sole owner of the house or apartment;
  • you are the only person who signed the lease.

In addition, you need written consent from your spouse before selling, donating, leasing or hypothecating:

  • the furnishings in the family residence, whether or not they belong to you;
  • any right relating to the use of the family residence.

If consent has not been obtained, your spouse may, depending on the nature of the family residence

  • claim damages;
  • apply for the annulment of the transaction.

Following a legal separation or the dissolution of a civil union, the court may allocate the ownership or use of furnishings, and also the temporary use of the family residence, to one of the spouses if it grants custody of a child at the same time.

Last update: April 6, 2023


Was the information on this page useful to you?
General notice

You have questions or require additional information?

Please contact Services Québec