Co-ownership

Contained within this field are numerous subjects which are the object of mordant disputes, unfortunately between the members of the same family, in particular in the area of undivided co-ownership. This is, for instance, the case whenever two spouses, siblings and even fathers, mothers and their children acquire an immovable property together. Usually, there is no contract that governs conflictual situations which very often arise regarding parties’ participation in expenditures, decisions relative to the execution of certain work or the sale of the building and the determination of its price. In such cases, the solution is often a declaration of co-ownership of the immovable and potentially its sale under judicial control by an independent officer such as a notary or a bailiff. In this area we possess a treasure-trove of varied experience and we can expertly advise you in matters resulting in the most advantageous outcomes for you.

This area also covers the realm of divided co-ownership, more often referred to as a condominium (or condo). Even in this area disputes abound: adherence to, the application of or the interpretation of a declaration of co-ownership, the rights and requirements of the Syndicate of Co-owners, Co-owners Assembly, decisions regarding the contingency fund or the execution of work or the levying of a special assessment.

Our office has especially had many dealings in matters regarding undivided co-ownership, with, among other cases in a long list thereof, a major case heard by the Québec Court of Appeal pertaining to the rights of a Condominium Syndicate regarding a special assessment.