What is the undivided co-ownership?

The undivided co-ownership is a special mode of ownership not accompanied by a material division of the property; so several persons have together and concurrently the ownership on the same property, while having each an undivided share of the right. An indivision comes to an end by partition of the immovable property. The undivided co-owners (sometimes called indivisaires or interest holders) are therefore having the full ownership of the whole immovable property. Undivided co-ownership will often be accompanied by a right of use on some specific portions of the latter.

We will find particularly this form of ownership in the relationship between spouses, in succession and in society. Only few sections of the Civil Code of Quebec govern the undivided co-owners. That is why it is strongly recommended to consult a legal expert to draft an indivision agreement organizing the relationship between the undivided co-owners.