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Frequently asked questions > Co-ownership/Condominium > Undivided co-ownership > What are the rights and powers of undivided co-owners?

What are the rights and powers of undivided co-owners?

The right of the undivided co-owner is exercised on his share in the immovable property. The Civil Code of Quebec does not supervise much the rights and obligations of these co-owners. The latter therefore have a lot of latitude to organize their relationships. Some basic rules must however be respected: each undivided co-owner has the right to use the undivided property, provided not to impair either to its destination, nor to the rights of the other undivided co-owners. Each undivided co-owner, unless otherwise indicated, has in terms of his share, the rights and obligations of an exclusive owner in the immovable property as well as the right of accession. Unless otherwise specified in an agreement, the undivided co-owners will be held for the common expenses according to their share and they can alienate this one. It is important to note that an indivision agreement can govern the relationships of undivided co-owners, thus coming to palliate the absence of legislation on the subject matter.

Alienation of a share requires no authorization from the other undivided co-owners insofar as it affects only the right of the undivided co-owner making the transaction. Let us mention, however, the right of an undivided co-owner to reimburse to the prospective purchaser the price of transfer, plus the expenses, in order to exclude this purchaser who is a stranger to the indivision. This reimbursement must take place within 60 days of the knowledge by the undivided co-owner of this sale.

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