If you are married or in a civil union and if you have, alone or with your spouse, registered a declaration of family residence in the Québec land register, your occupation of your home is protected if you separate. Your former spouse will not be able to sell, lease or hypothecate (mortgage) the building in which your family residence is situated, or your family furniture. 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.
