Have you ever bought a property with someone... and later realized you both see things very differently? It happens more often than people admit. Brothers inherit a duplex. Friends invest in a rental. Business partners grab a commercial space. All seems fine... until it is not.

When tensions rise, many people call a lawyer Montreal property owners trust to sort things out before it gets messy. Because once co-owners start disagreeing about money, repairs, or selling, things can spiral fast.

Let us break this down in simple terms.

First, What Is Undivided Co-Ownership?

In Quebec, undivided co-ownership means each person owns a percentage of the whole property... not a specific room or unit. This concept is governed by the Civil Code of Québec.

So if you own 50 percent, you technically own 50 percent of everything. The roof. The basement. The driveway. All of it.

Sounds simple. In real life? Not always.

Disputes usually pop up over:

• Who pays for repairs
• Who collects rent
• Who lives in the property
• Whether to sell or keep it

Now the big question... what can you legally do?

Remedy 1: Demand Contribution for Expenses

Here is something many people do not realize.

Under Quebec law, co-owners must share property expenses based on their ownership percentage. That includes taxes, mortgage payments, insurance, and major repairs.

If one co-owner refuses to pay? The other can take legal action to recover their share.

There was a study published by the Canadian Bar Association noting that property expense disputes are one of the top causes of civil litigation between co-owners in Quebec. It is not rare at all.

Courts usually look at proof of payments and ownership shares. If it is clear someone did not contribute, judges often order reimbursement.

Simple... but you need documentation.

Remedy 2: Ask for Judicial Partition

This is the one people talk about the most.

Partition basically means ending the co-ownership. According to the Civil Code of Québec, no one is forced to remain in undivided co-ownership forever. Any co-owner can request partition.

There are two types:

• Partition in kind ... physically dividing the property (rare unless it is land)
• Partition by sale ... selling the property and dividing the money

In cities like Montreal, most properties cannot realistically be split. So courts often order a sale.

This remedy is common when relationships break down completely. It is kind of the legal version of saying, "We are done."

Remedy 3: Court-Ordered Management Decisions

What if one co-owner refuses to cooperate? Refuses repairs? Blocks tenants? Creates chaos?

A court can step in.

Judges can authorize necessary repairs or even appoint someone to manage the property temporarily. This protects the value of the asset.

According to Quebec Superior Court statistics, property management disputes form a significant portion of civil real estate cases every year. Many involve co-owners who simply cannot agree on basic decisions.

Sometimes people just need a neutral decision-maker.

Remedy 4: Claim Compensation for Exclusive Use

Here is a common scenario.

One co-owner lives in the property alone. The other does not. Should the one living there pay something extra?

In many cases, yes.

Courts may order compensation if one co-owner enjoys exclusive use while the other cannot access the property. It is about fairness.

Judges look at market rental value and ownership shares. If someone had full benefit of the property, they may owe occupation rent to the other.

It feels awkward... but it is legally grounded.

Remedy 5: Mediation Before Court

Litigation is expensive. It is slow. And honestly... it drains people.

That is why mediation is encouraged in Quebec civil disputes. Many co-ownership conflicts settle before trial once both sides sit down with lawyers and talk realistically.

We have seen situations where co-owners went from not speaking at all to reaching a sale agreement within weeks of structured negotiation.

It does not always work. But when it does, it saves time and money.

Final Thoughts

Undivided co-ownership sounds simple when you sign the papers. Life changes though. Financial stress. Family issues. Different goals.

The good news? Quebec law provides clear remedies. Contribution claims. Partition. Compensation. Court management orders.

If you are stuck in a dispute, getting legal advice early can prevent bigger damage later. The earlier you act, the more options you usually have.

And honestly... peace of mind matters.

FAQs

1. Can a co-owner force the sale of a property in Quebec?

Yes. Under the Civil Code of Québec, any co-owner can request partition. If the property cannot be divided physically, a court can order it sold.

2. What if one co-owner refuses to pay property expenses?

The paying co-owner can seek reimbursement through court. Proper records and proof of ownership percentages are important.

3. Can one co-owner live in the property without paying the other?

Not always. If one person has exclusive use, courts may order financial compensation to the other co-owner.

4. Is mediation required before going to court?

It is not always mandatory, but it is strongly encouraged in Quebec civil matters. Many disputes resolve faster through mediation.

5. How long does a co-ownership dispute take in court?

It depends on complexity. Some cases settle in months. Others may take over a year if they proceed to full trial in Quebec Superior Court.

If you are dealing with a co-ownership conflict, do not ignore it. These disputes rarely fix themselves. Taking action early can protect both your investment and your sanity.