Definition : Legal recourse - Application for partition (Action in partition)

Judicial application by which a plaintiff, holder of concurrent competing rights on an immovable with one or more persons, makes an application to the court, in order to put an end to the existing indivision between them. In undivided co-ownership, the Civil code of Québec stipulates that no one is bound to remain in indivision. An application for partition may be brought by an undivided co-owner, unless partition was postponed by an agreement, by a testamentary provision, by a judgment or by operation of law, or unless it was made impossible because the property was appropriated for a lasting purpose. In divided co-ownership, the Civil code of Québec stipulates that the share of the common portions of a fraction may not be the subject of an application for partition, separately from the private portion of that fraction.

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If you are shopping for an apartment, ask yourself if it is located in a divided or undivided co-ownership. Although these two concepts are similar, as they ultimately aim to share the same building by several people called co-owners, the legal and financial implications are not the same. These two types of co-ownership thus have very different terms of ownership, ownership and liability between the co-owners of a building. A look at the main distinctions between divided co-ownership and undivided co-ownership.  
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Undivided co-ownership (by indivision) has existed since time immemorial, even before the existence of divided co-ownership. Indivision allows two or more people to own a building while sharing acquisition and operating costs. A co-ownership is said to be undivided when the right of ownership is not accompanied by a material division of the property. The building usually has a single lot number. The owners own a share of this lot. The municipal and school tax bills are thus intended for all the co-owners of the building, who must separate the costs. In addition, since 1994, the Civil Code of Quebec has contained several rules governing joint ownership.
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