If you are married or in a civil union and if you have, alone or with your spouse, registered a Declaration of Family Residence, your occupation of your home is protected if you separate. Your former spouse will not be able to sell, lease or mortgage your home.
The same rule applies if you rent your home and have added a statement to your lease declaring that it is your family residence. In this case, your former spouse will not be able to transfer the lease without your written consent.
The family residence forms part of the family patrimony of a couple who are married or in a civil union, regardless of which spouse actually owns it.
This Quebec Declaration of Family Residence form is a free Microsoft Word download. English language version.
Last Updated: 11-August-2016