A couple, Marie and Jean, own a residential property in Sherbrooke in undivided co-ownership. Jean wishes to sell his share to a third party, Alex, without Marie's consent. What is Marie's right in this situation?

Question: A couple, Marie and Jean, own a residential property in Sherbrooke in undivided co-ownership. Jean wishes to sell his share to a third party, Alex, without Marie's consent. What is Marie's right in this situation?

Answer options: ✅ Marie has a right of first refusal, allowing her to acquire Jean's share by preference.

• Marie has no legal right to prevent Jean from selling his share to Alex.
• Marie can force a partition of the immovable to prevent the sale to Alex.
• Marie must agree to the sale, otherwise Jean cannot sell his share.

Correct answer: Marie has a right of first refusal, allowing her to acquire Jean's share by preference.

Explanation: Under Article 1022 of the Civil Code of Québec, a co-owner has a right of redemption (droit de retrait) if another co-owner sells their undivided share to a third party. This allows the co-owner to acquire the share by reimbursing the purchaser for the acquisition price and costs.