Can my spouse sell the house without my consent if it is in their name?

In detail

Protection of the family residence is one of the rules of the parental union regime that you cannot withdraw from — it applies at all times, even where the spouses have renounced the rules of the parental union patrimony by notarial act.

It covers the furniture as well. According to the official FAQ, your spouse “also cannot sell, mortgage or move out of the family residence the furniture that is used by your family”: a table, a couch, a television, a washer, a dryer, an oven.

If you are tenants and your spouse is the only one who signed the lease, the same logic applies: “If the lessor has been notified that the dwelling was used as the family residence, your spouse cannot, without your written consent, sublet it, assign their right or terminate the lease.” Sending that notice to the landlord is therefore the step not to forget. And the FAQ specifies that these protections still hold “for the 120 days following your separation”.

What to document

The date of the separation (that is what starts the 120 days), a copy of the notice sent to the landlord stating that the dwelling is used as the family residence and proof that it was sent, a photographed inventory of the furniture in the home, and any message in which your spouse talks about selling, moving furniture out or ending the lease.

Official sources

• Gouvernement du Québec — The parental union: frequently asked questions (official PDF)
• JuridiQC — Separation and divorce: home, property and money

Related questions

• Can I ask for support for myself if we were not married?
• What happens to our property if we are neither married nor in a parental union?
• If I die without a will does my de facto spouse inherit?
• How does the court decide child custody in Quebec?
• At what age can a child decide which parent to live with?

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