Guide · Special situationsQuebec rules

Buying out your ex’s share of the house

After a separation, the house is often the largest asset to settle. The options, what the law provides depending on your union, and the steps of a buyout.

By Grégory Payotte, Founder of Payotte · Published

In short

These are Quebec rules. You have three options: sell and split, buy out the other person's share, or stay co-owners. For married or civil-union spouses, the family residence is part of the family patrimony: its net value is divided equally, whoever owns it. De facto spouses have no family patrimony; if they co-own, their shares are presumed equal, subject to the parental union rules. Buying out often means refinancing, which involves the stress test, and a transfer between spouses or former de facto spouses can be exempt from the welcome tax.

Equal shares
the net value of the family patrimony is divided equally between spouses
Civil Code, art. 416
12 months
after separation: the window for the welcome tax exemption on a transfer between former de facto spouses
Act D-15.1, s. 20 d.1
120 days
of protection for the family residence after cohabitation ends, in a parental union
Civil Code, art. 521.24

What changes depending on your union

The family home at separation, by type of union
UnionThe houseWelcome tax on the transfer
Marriage or civil unionPart of the family patrimony: the net value is divided equally, whoever owns itExemption for a transfer between spouses (s. 20 d)
Parental union (de facto spouses who became parents of a child from June 30, 2025)Part of the parental union patrimony, whose net value is divided equallyExemption between spouses; between former de facto spouses, within the set deadlines (s. 20 d.1)
De facto spouses without a parental unionNo family patrimony. If you are co-owners, your shares are presumed equalExemption between former de facto spouses if the transfer happens within 12 months of separation, or within the deadlines of a mediation or judgment (s. 20 d.1)

Sources: Civil Code of Québec, arts. 414 to 416, 521.6, 521.20, 521.24, 521.30, 521.34 and 1015; quebec.ca (parental union); Act respecting duties on transfers of immovables, s. 20. For a common child born before June 30, 2025, joining the parental union is voluntary.

The steps of a buyout

  1. Establish the value of the house. The Civil Code values family patrimony property at market value; a chartered appraiser can set it independently.
  2. Calculate the amount owed: half of the family patrimony's net value for spouses, or the co-ownership share for de facto spouses.
  3. Get the financing. Refinancing to buy out the other person requires passing the stress test, at the greater of 5.25% or your rate plus 2 points.
  4. Have your ex released from the mortgage. As long as their name is on the contract, the bank can claim the whole debt from them; removing a name is only possible if the creditor agrees.
  5. Have a notary handle the deed of transfer, and check with them which welcome tax exemption applies to your case.

If you do not agree

No one is required to remain in indivision: a co-owner can always ask for partition (Civil Code, art. 1030). According to Éducaloi, a court can force an ex to consent to putting the property up for sale. To avoid a loss, it can also keep the indivision in place for up to two years (art. 1032).

These decisions often involve other issues (custody, support, division of other property). A notary, a lawyer or a family mediator can help you settle them together.

Frequently asked questions

Is the house split 50/50 at separation?

For married or civil-union spouses, the net value of the family patrimony, including the family residence, is divided equally. For de facto spouses who co-own, the shares are presumed equal, unless the deed or an agreement says otherwise.

Do I pay the welcome tax to buy out my ex?

The law provides an exemption for a transfer between spouses, and between former de facto spouses if the transfer happens within 12 months of separation or within the deadlines of a mediation or judgment. Have the notary confirm your case.

Does my ex stay liable for the mortgage after leaving?

Yes, as long as their name is on the contract: the bank can claim the whole debt from either of you. Removing a name is only possible if the creditor agrees, often at refinancing.

Do I have to pass the stress test to buy out the share?

Yes if you refinance: according to FCAC, the stress test applies to refinancing, at the greater of 5.25% or your rate plus 2 points.

Sources

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General information, not legal or financial advice. For your situation, consult a notary, a lawyer or a mortgage broker.