---
title: "Can a Spouse Sell the Family Home Without Consent in Quebec? ✦ Goldwater Droit"
canonical_url: "https://goldwaterdroit.com/en/faqs/can-a-spouse-sell-the-family-home-without-consent"
last_updated: "2026-09-15T21:55:27.145Z"
locale: en
meta:
  description: "In Quebec, a spouse generally cannot sell or mortgage the family home without the other's consent under arts. 401–407 C.c.Q. Learn how the protection works."
  "og:description": "In Quebec, a spouse generally cannot sell or mortgage the family home without the other's consent under arts. 401–407 C.c.Q. Learn how the protection works."
  "og:title": "Can a Spouse Sell the Family Home Without Consent in Quebec?"
---

# Can my spouse sell the family home without my consent in Quebec?

In Québec, the family residence is legally protected regardless of which spouse holds title. Under articles 401 to 407 of the Civil Code of Québec, a spouse who is the sole owner cannot sell, mortgage, or otherwise dispose of the family residence—or of the movable property that furnishes it—without the other spouse's consent. Where the residence is an immovable with fewer than five dwellings, article 404 C.c.Q. governs its alienation. A declaration of family residence may be registered against the property in the land register to give third parties notice of the protection. These rules apply to married and civil-union spouses, and equivalent protections now extend to parents in a parental union under articles 521.23 to 521.27 C.c.Q. A spouse who acts without the required consent exposes the transaction to challenge, and the other spouse's remedy may include annulment of the act or compensation.

Civil Code of Québec, arts. 401–407 (protection of the family residence) Civil Code of Québec, art. 404 (alienation of an immovable with fewer than five dwellings) Parental union: C.c.Q. arts. 521.23–521.27 (family residence in a parental union)