Scope of the protection given to the family residence

In some cases, your spouse may apply to have an act relating to your family residence annulled, if you did not obtain your spouse’s written consent. For example, this may be an act under which you

• sell the house or condominium that is your family residence,
• lease a room in your family residence to a third person,
• sublet the apartment that is your family residence to a third person, or
• terminate the lease on your family residence.

Your spouse’s rights vary depending on whether a declaration of family residence has been registered against the property and the type of building in which you have your family residence, in other words whether it is

• a building with fewer than five dwellings that you own,
• a building with five or more dwellings that you own, or
• a dwelling that you rent.

Before selling or hypothecating your family residence or leasing the part reserved for family use, you must obtain your spouse’s written consent. If you do not, your spouse may claim damages or apply to have the act annulled.

A building with fewer than five dwellings is, for example:

• a single-family or multi-generational house
• a triplex
• a row house
• a condominium in a building with four or fewer condominium units

Before selling the building used wholly or in part as your family residence, or leasing the part reserved for family use, you must obtain your spouse’s written consent.

If you ratify a rental agreement without your spouse’s consent and a declaration of family residence has been registered against the property, your spouse may apply to have the rental agreement annulled.

If you sell the property without your spouse’s consent, your spouse cannot apply to have the sale annulled even though a declaration of family residence has been registered against it, but can demand that the acquirer grant him or her a lease of the premises already occupied by the family.

A building with five or more dwellings is, for example:

• a condominium in a building with five or more condominium units
• an apartment in a multi-unit building owned by one of you

You must obtain your spouse’s written consent before

• subletting your family residence,
• transferring your rights to the family residence, or
• terminating your lease.

If written consent has not been given and if the lessor has been advised by either spouse that the dwelling was a family residence, your spouse may request annulment of the act.

A rented dwelling is, for example, a house or apartment that you rent.