The regime of undivided co-ownership under the Civil Code of
Québec (the
"CCQ")1 has given rise to
several legitimate questions in cases involving partition and the
end of indivision, and to extensive case law. This article provides
a brief overview of the issues inherent in this type of property
ownership.
The right to compel partition and the end of indivision
Article 1030 CCQ lays down the principle that "No one
is bound to remain in indivision", which flows from the
right of every co-owner to put an end to undivided co-ownership.
This provision, which is of public order, is aimed at protecting
co-owners no longer wishing to remain in a situation of indivision,
by giving them the possibility of acquiring the exclusive right to
dispose of their property as they see fit2. A co-owner
may request partition and the end of indivision without having to
provide any justifying grounds3. It should be noted that
Article 1030 applies to all cases of indivision, namely
