Consequently,
Separate couple, but still under:
It is not uncommon for separate couples to continue to cohabit. For example, But the question will inevitably arise: who must leave the family residence?
During a separation, it is not always possible to move quickly. Consequently,
Result: ex-spouses continue to live under the same roof for several weeks or even for months. Consequently, Because to find a new house takes time. Moreover, also requires financial means which are sometimes lacking, whether it is because the rentals are too expensive, or even because one of the spouses does not have the means to buy the other’s share. Meanwhile, The fact remains that sooner or later it will take a decision. Furthermore,
Here are the legal rules to know according to your situation.
The house is protected
Lawyer Elysabeth Lessis explains that married. Meanwhile, civil union couples benefit from the separate couple, but still under protection of the family residence. Therefore,
“This means that one of the spouses will have to obtain the written consent of the other if he wishes to sell. Furthermore, rent or mortgage the family residence, even if he is the only owner. Furthermore, The same goes for a rental: you must obtain authorization from the spouse to sublet. In addition, give in the lease or end the lease of the family residence, even if you are the only person whose name appears on the lease, “she says.
The couples concerned by the new parental union regime. that is to say those who will have a child from June 30, 2025, will also be able to benefit from this protection. Unlike married couples. united civilly, protection, that is to say the obligation to obtain consent, is maintained during the 120 days following the end of common life. Please note: de separate couple, but still under facto spouses cannot take advantage of them.
How to proceed? By performing a simple mention in a document registered in the Quebec Land Register. indicating that the building where the couple resides constitutes the family residence. It can also be mentioned in the lease. give an opinion to the owner of the accommodation where the couple resides.
Good to know: the declaration of family residence also protects the furniture that is part of it. serve the use of the family.
Co -owners. roommates
If the two spouses are co -owners of the residence, the agreement of the two will be necessary to sell it, rent it or rehyptotheus. This therefore has the effect of protecting the property even if a declaration of family residence has not been made. The same goes if the names of the two spouses appear on the lease of a rented accommodation: there again. the two separate couple, but still under members of the couple will have to give their agreement to give in the lease, end or sublet.
Possible options
Separated parents generally try to preserve the stability of their offspring.
“In a context of shared guard. some choose the option of” nesting “, that is to say that it is the parents who alternate in the family residence and not the children”, specifies Mr.e Lessis.
If it is impossible to find an agreement between the spouses. in this case, the court will decide which of the two will remain with the children in the family residence and who will have to leave. The court could also decide to give the temporary use of the family residence to the one to whom. it grants the exclusive custody of the child.
When the person leaving the family home must continue to pay the mortgage. financial compensation paid by the separate couple, but still under former spouse living in the residence could be provided by the court. Another option: the costs linked to the second accommodation and the mortgage could be shared between the ex-spouses. “This is a case -by -case basis. the Court will take into account the financial means and the situation of each,” said the lawyer.
ADVICE
- Have you not obtained the consent of your spouse before selling, mortgaging, renting, subleting, giving up or putting an end to the lease of the family residence? Depending on the case, your spouse could claim damages or even request the cancellation of the transaction.
- To protect themselves. de facto spouses have any advantage in writing a common life contract providing for what will happen in the event of separation, especially for family residence.
- Consulting a lawyer quickly makes it possible to fix the official date of separation. to obtain recommendations on separate couple, but still under the best conduct to be held from a legal point of view.
Separate couple, but still under
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