Why the married or civil union spouse who is not the owner of the property must intervene and sign the deed of sale?

When the seller married or in a civil union and his spouse who is not the owner live in the real estate property, the notary will involve the latter to assure himself, and to assure the purchaser, that the spouse of the seller retains no rights under the law concerning the family residence. The intervention of the non-owner spouse who resides in the real estate property demonstrates that he was informed about the sale and he agreed to it. Thus, informed and consenting, the non-owner spouse cannot exercise the remedies that the Civil Code of Quebec recognizes to him according to the circumstances (maintain occupancy, cancellation of the sale, etc.).

If a declaration of family residence was published by the non-owner spouse in the land register against the immovable property being the subject of the sale, the intervention of this one will indicate that he renounces to avail himself of the rights created by the publication of the declaration of family residence.