Mr. and Mrs. Leblanc, a married couple under the regime of separation as to property, own a house in Québec City where they have lived for 20 years. Mrs. Leblanc, without informing Mr. Leblanc, signs a promise to purchase to sell the house to a third party for $450,000. What must the real estate broker involved advise the buyer?

Question: Mr. and Mrs. Leblanc, a married couple under the regime of separation as to property, own a house in Québec City where they have lived for 20 years. Mrs. Leblanc, without informing Mr. Leblanc, signs a promise to purchase to sell the house to a third party for $450,000. What must the real estate broker involved advise the buyer?

Answer options: ✅ The sale involves the family residence, and Mr. Leblanc's consent is mandatory for the promise to be valid.

• Since they are under separation as to property, Mrs. Leblanc can sell her share without her husband's consent.
• The promise to purchase is valid, but the final deed of sale requires both spouses' signatures.
• Mr. Leblanc can only object if he can prove a financial interest in the sale.

Correct answer: The sale involves the family residence, and Mr. Leblanc's consent is mandatory for the promise to be valid.

Explanation: Under Article 404 of the Civil Code of Québec, neither spouse may, without the consent of the other, dispose of their rights in the family residence. This protection applies regardless of the matrimonial regime and includes a promise to alienate.