Buying a Home as a Couple in Quebec? Here's What to Know About Undivided Co-Ownership
You’re buying a house with your partner, a friend, or a family member?
You’ve probably heard the term “undivided co-ownership” — maybe from your notary or real estate broker.
But what does it actually mean? Do you need to sign an agreement? And is it really worth it?
Spoiler: yes.
Here’s everything you need to know.
What is undivided co-ownership?
Undivided co-ownership means two or more people own a property together, without physically dividing it.
Typical situations include:
- A couple buys a house
- Two friends invest in a duplex
- A parent and child buy a condo together
Each person owns a share of the whole property — like 50/50 or 70/30 — not a specific floor or unit.
If you're not buying a divided condo, this is likely your default legal status.
What is an undivided co-ownership agreement?
It’s a notarized document that clearly states:
- Who owns what
- Who pays what
- How decisions are made
- What happens in case of sale, dispute, illness, or death
Not required by law…
…but without it, you’re stuck with Quebec’s default rules — and those often don’t reflect your reality.
Why it’s risky not to have one
Imagine:
- You split up, but you paid 80% of the down payment
- One wants to sell, the other doesn’t
- Someone dies without a will
- A buyer wants to scoop up a share at a discount
Without an agreement, you’re exposed to:
- Conflict
- Legal fees
- Delays
- Stress
With one, the terms are clear — and you’re protected.
What’s usually included in the agreement
|
Clause type |
Why it’s useful |
|
Ownership split (50/50, 70/30…) |
Reflects each person’s financial contribution |
|
Sale rules (first refusal, approval) |
Prevents ending up with a stranger as co-owner |
|
Responsibilities (repairs, taxes…) |
Avoids confusion or unexpected bills |
|
Exit strategy (separation, disputes) |
Sets out what happens if things go sideways |
|
Death clause (buyout rights) |
Protects kids or heirs |
“But we get along great…”
That’s amazing
But an undivided co-ownership agreement is like a seatbelt:
You hope you’ll never need it — but if things go off-track, you’ll be glad it’s there.
TL;DR
In Quebec, co-buyers of non-condo properties automatically fall under undivided co-ownership — even if they don’t realize it.
An undivided co-ownership agreement isn’t legally required, but it’s often the only way to protect yourself if you’re unmarried or don’t share a matrimonial regime.
It helps you:
- Define the rules from the start
- Avoid conflict
- Protect your investment and your rights
And if everything goes smoothly? Perfect — you’ll never have to use it.
But if it doesn’t? You’ll be very glad you signed it.
Ready to buy a home together?
Whether you're a couple in love, investing friends, or family members buying together, Notairo helps you make a smart, legally sound purchase.
