Definition : Co-owner - Undivided co-owner

A person which owns with another person or more an immovable without this immovable being governed by a declaration of co-ownership. Article 1015 of the Civil code of Québec provides that the shares of the co-owners are presumed equal. Generally, this presumption should apply failing a provision specifying the  ownership share of the property in the deed of sale.

Related articles


  When shopping for an apartment, you must find out if it is in a divided or undivided co-ownership. Even though both concepts are similar in that their ultimate goal is the partition of an immovable between several persons called co-owners, the financial and legal commitments are different.  
View more
In undivided co-ownership, the rights of withdrawal and of first refusal may disrupt the course of a real estate transaction. It is important to know that other co-owners may take precedence over a potential purchaser.  The title of the latter could be precarious for some time: a buyer who acquires rights in an  undivided co-ownership  without first receiving the approval of all the undivided co-owners is therefore liable to have his share redeemed and thus be excluded from the indivision.    
View more
An immovable whose dwellings are all occupied by undivided owners, can be converted into divided co-ownerships, subject to certain conditions. But carrying out this conversion requires to overcome several steps involving all owners concerned.
View more
In my practice, many clients consult me to convert an immovable comprising several apartments into divided co-ownership. Unfortunately this does not always prove possible, more particularly because of the very high costs such a process implies (such as subdivision taxes known «Parkland taxes»  applicable in certain boroughs of Montreal or other municipalities) and vested rights in favor of tenants.
View more
June 7th, 2010 – As a Notary, I receive on a regular basis mandates dealing with divided or undivided co-ownership.
View more