Can you sell a house during a separation or divorce in Quebec?

Can you sell a house during a separation or divorce in Quebec?

Yes. Nothing in Quebec law stops a separating couple from selling, and many couples agree to sell or to have one person buy the other out. Two facts decide how it works: whose name is on the deed, and whether you are married, in a civil union, in a parental union or de facto spouses (common-law). Éducaloi puts it simply: the rules change depending on the legal status of your relationship, and if you are not sure, you should consult a lawyer or a notary.

It also helps to keep two questions apart. The first is who has to agree to the sale. The second is how the value is shared between you. Selling the house settles the first. The second is settled by your agreement, by mediation or by a court, and it can follow different rules from the deed.

Do both spouses have to sign to sell the house in Quebec?

If you are married or in a civil union, and the house is your family residence, yes in practice: the owner cannot sell it without the other spouse’s written consent, even if only one name is on the deed. Article 404 of the Civil Code sets this rule for a building with fewer than five dwellings, and article 521.6 applies the same family-residence rules to civil unions. For a building with five dwellings or more, article 405 also requires written consent. The Gouvernement du Québec confirms that consent is needed even if only one spouse owns the home.

Separating does not end this protection on its own. Éducaloi explains that the protection lasts as long as the family uses the home as its residence, and ends when the family no longer lives there or has clearly shown it does not intend to.

If you are in a parental union (de facto spouses who became parents of the same child on or after 30 June 2025, under the rules in force since that date), the family-residence rules also apply, and article 521.24 keeps the protection of articles 401 to 407 for 120 days after you stop living together.

If you are de facto spouses outside a parental union, the deed decides. The Gouvernement du Québec notes that a de facto spouse who is the sole owner could sell without even informing the other. If you co-own the house, each of you owns a share, and selling the whole house takes both of you. Under article 1015 the shares are presumed equal, but your deed or co-ownership agreement may set other percentages.

What is a declaration of family residence, and why does it matter for a sale?

It is a notice registered in the land register that identifies the house as your family residence. Under article 407, both spouses or either spouse can make it, and the Gouvernement du Québec notes that one spouse can register it without informing the other. It is available to married, civil-union and parental-union spouses, but not to de facto spouses outside a parental union.

The declaration changes what happens if the house is sold without consent. If it was registered before the sale, the spouse who did not consent can ask the court to annul the sale (article 404). Without it, the remedy is usually damages (article 408). If you are not sure whether one was registered, a notary can check the land register.

What if my spouse or ex refuses to sell?

There are still ways forward. For married and civil-union spouses, article 399 lets a court authorize one spouse to act alone when the other’s consent cannot be obtained or the refusal is not justified by the interest of the family. Article 521.25 gives the same option to parental-union spouses. The authorization is specific and given for a set period.

For co-owners, article 1030 says no one is bound to remain in indivision. JuridiQC explains that a co-owner can file an application for partition: the judge can order the sale and set its terms, such as the date, the listed price and the choice of broker, and decide how the proceeds are shared, or allow one of you to buy the other’s share. Article 1032 also lets a court postpone a partition for up to two years if an immediate sale would cause a loss.

Éducaloi adds that a court can force someone to agree to put the home up for sale, order someone to leave the home temporarily until the separation is settled, or order someone to keep contributing to the payments for the home. Before going to court, many couples try family mediation, which the Gouvernement du Québec partly pays for (see below).

Who gets the money when the house sells during a separation?

The sale price goes to the owners on the deed, but that is not always the final split. For married and civil-union spouses, the family residence is part of the family patrimony no matter who owns it (articles 414 and 415). Article 416 divides the net value of the patrimony equally, after debts taken on to buy, improve or keep up the property. Éducaloi stresses that you share the value of these assets, not the assets themselves. Under article 417, the value is the market value on the date the court action is filed, unless the court uses the date you stopped living together.

Some amounts can come off first, such as what one spouse put in from property owned before the marriage or received as a gift or inheritance (article 418). You cannot give up your share of the family patrimony in advance; under article 423, a spouse can renounce only from the judgment, by notarial act, or by a judicial declaration recorded during the proceedings.

For parental-union spouses, article 521.30 creates a smaller patrimony: the family residences, the household furniture and the family vehicles, but not retirement plans. Spouses can opt out of it by notarial act (article 521.33). The value is set on the date the right to partition arises (article 521.35) and divided equally (article 521.34).

De facto spouses outside a parental union have no family patrimony. Each co-owner keeps their share under the deed. Éducaloi notes that a non-owner who put money into the home, for example for big expenses, can ask a court for compensation for unjust enrichment. Whatever your status, JuridiQC recommends agreeing in advance, ideally in writing, on how the proceeds of the sale will be shared and who pays the costs and expenses until closing.

Can one of you buy out the other instead of selling?

Yes. JuridiQC describes the steps. First, agree on the net value of the house: its market value minus the mortgage balance. To estimate the market value, it lists a certified appraiser, a real estate broker’s opinion, the municipal assessment roll or the value used by your lender. Then apply the departing person’s share. In JuridiQC’s example, a 60% share of a $250,000 net value is $150,000. Our article on assessments (Is my municipal assessment what my house is worth in Montreal?) explains why the roll can differ from today’s price.

The mortgage then has to change. JuridiQC lists two routes: the person who stays takes a new loan, which may mean penalties for breaking the old one, or the person who stays takes over the existing loan through an assumption agreement, in which case the person leaving remains responsible for the mortgage even though they no longer own the house. Ask your lender before you agree on numbers. If you sell instead, our article on mortgages (Can you sell a house with a mortgage in Quebec?) explains how the balance is paid off at closing.

Do you pay the welcome tax when one ex buys out the other?

Often not. Section 20 of the Act respecting duties on transfers of immovables exempts transfers between spouses (s. 20(d)). For former de facto spouses, it exempts a transfer made within 12 months after they began living apart, or within 30 days after a mediator’s summary of agreements, the homologation of a mediated agreement or a final judgment about the property (s. 20(d.1)), if they lived together for 12 months or share a child, have been apart for at least 90 days and, for the 30-day routes, started mediation within 12 months of separating and kept it to 24 months or less. A judgment must come from a proceeding started during that same window.

Since 12 June 2026, section 20(e.2) also exempts a transfer to a co-owner who lives in the home, which can cover a buyout. The City of Montreal adds that the notary must state the exemption in the deed, that for a divorce where the judgment does not award the property the transfer should be made within 30 days after the judgment, and that a “droit supplétif” of up to $200 can still apply. Our article on the tax (Who pays the Montreal welcome tax?) gives the full scale. Your notary confirms which exemption fits your case.

Who stays in the house until it is sold?

If you co-own the house, Éducaloi explains that you both have the right to stay, and neither of you can make the other leave without their consent or a court judgment. If one person keeps living there, the other can sometimes ask for compensation for not being able to use it.

For married and civil-union spouses, in a divorce or a legal separation, article 410 lets a court award the right to use the family residence to the spouse who is given custody of a child. Parental-union spouses can ask for the use of the residence, but article 521.27 requires the application within 120 days after the union ends. When both people want the other to leave, Éducaloi notes that the court considers who has custody of the children. Once the house is sold, our article on moving out (When do you have to move out after selling a house in Quebec?) covers the possession date.

Where can you get help, and what deadlines should you know?

Family mediation is often the first step. For separating parents of a minor or dependent child, the Gouvernement du Québec offers a free 2½-hour session on parenting after separation and 5 free hours of mediation. Couples with no common dependent child, whatever their status, are entitled to up to 3 free hours, which can cover the division of property. Hours beyond the free ones are not covered.

Deadlines matter. Éducaloi says that, generally, you have three years to go to court, but parental-union spouses must act within 120 days of the end of the union to keep certain protections. A notary or a lawyer can tell you which deadline applies to you. For the documents a sale needs, see our article (What documents do I need to sell a house in Quebec?), and for the full bill, our article on costs (The real costs of selling a house in Quebec). Our separation page (Sell a house during a divorce or separation) is a shorter summary.

Can you sell to Bruce during a separation?

Bruce Malcolm is a private buyer of houses in Montreal and the West Island. He is not a broker, an agent or an appraiser, and he does not give legal advice. The rules above apply to a sale to Bruce like any other: every owner on the deed signs, and a spouse whose consent the law requires gives it in writing, unless a court has authorized the sale. Bruce’s offer does not decide how the money is shared between you; your agreement, mediation or the court does.

There are no showings, so neither of you has to keep the house ready for visits, and you choose the closing date once the notary can sign. If you both want a number to discuss, you can ask for an offer on your address (request an offer) and take your time with your notary, your lawyer or your mediator before deciding anything.