Article 1958 C.c.Q.: Repossession and Undivided Co-Ownership

The owner of an undivided share of an immovable may not repossess any dwelling in the immovable unless the only other owner is his or her spouse.

Civil Code of Québec, art. 1958 C.c.Q.

What this article means

Article 1958 restricts the right to repossess where an immovable is owned by several people in undivided co-ownership. In principle, the owner of a mere undivided share of an immovable may not repossess any dwelling in it. This restriction aims to prevent undivided co-ownership from being used to multiply repossessions at the tenants' expense.

The article provides a single exception: repossession becomes possible again where there is only one other undivided owner and that owner is the spouse of the co-owner wishing to repossess. In other words, a couple who co-own in undivided co-ownership keep the right to repossess; beyond that situation, holding in undivided co-ownership bars repossession.

This rule is distinct from the general conditions of repossession (eligible beneficiaries, notice, deadlines). It adds to those conditions and is assessed first by reference to the ownership structure of the immovable.

What it means for you

If you are a tenant

If you receive a notice of repossession, check the ownership structure of the immovable. Where it is held in undivided co-ownership by several people, the owner of an undivided share may not, in principle, repossess any dwelling: unless there is only one other co-owner and it is their spouse.

This information is generally found in the land register. If the immovable belongs to several undivided owners who are not a couple, article 1958 may bar the repossession. You can raise this point if you contest the notice before the TAL (Tribunal administratif du logement).

If you are a landlord

If you hold the immovable in undivided co-ownership with others, article 1958 limits your right to repossess: as the owner of an undivided share, you cannot repossess any dwelling, unless there is only one other co-owner and it is your spouse.

Check the ownership structure before undertaking a repossession. If the immovable is held by several undivided owners who are not a couple, repossession is not available on this basis, regardless of whether the other conditions (notice, deadlines, eligible beneficiary) are met.

Related articles

• Article 1957 C.c.Q.: Right to repossess a dwelling
• Article 1960 C.c.Q.: Notice of repossession: deadlines
• Article 1962 C.c.Q.: Tenant's reply to a notice of repossession
• Article 1963 C.c.Q.: Tribunal authorization for repossession
• Article 1965 C.c.Q.: Indemnity for repossession and eviction
• Article 1968 C.c.Q.: Damages for a bad-faith repossession or eviction
• Article 1959.1 C.c.Q.: Protection for senior tenants against repossession
• Article 1961 C.c.Q.: Content of a notice of repossession or eviction
• Article 1964 C.c.Q.: Repossession Barred Where an Equivalent Dwelling Is Available