A condo unit in a divided co-ownership in Outremont is listed for sale. The prospective buyer, Mr. Dupont, wants to understand what he would own upon purchasing the unit. What is the fundamental principle of divided co-ownership regarding his ownership interest?

Question: A condo unit in a divided co-ownership in Outremont is listed for sale. The prospective buyer, Mr. Dupont, wants to understand what he would own upon purchasing the unit. What is the fundamental principle of divided co-ownership regarding his ownership interest?

Answer options: ✅ Mr. Dupont would own a fraction, comprising a private part and a share of the common parts.

• Mr. Dupont would own his condo unit outright, with the common parts belonging to the syndicate.
• Mr. Dupont would have an undivided share in the entire building, including his unit.
• Mr. Dupont would have a right of superficies over his unit, not full ownership.

Correct answer: Mr. Dupont would own a fraction, comprising a private part and a share of the common parts.

Explanation: According to Article 1047 of the Civil Code of Québec, divided co-ownership is established on an immovable by the publication of a declaration of co-ownership. Each co-owner owns a fraction, which comprises a private part and a share of the common parts.