Ms. Fournier, a real estate broker, is preparing a deed of sale for a property in Victoriaville. The property was inherited by the seller, who is married under the community of acquests. The seller acquired the property before marriage, making it his own private property. However, the notary insists on including a declaration regarding the family residence. Why is this declaration necessary, even if the property is private property?

Question: Ms. Fournier, a real estate broker, is preparing a deed of sale for a property in Victoriaville. The property was inherited by the seller, who is married under the community of acquests. The seller acquired the property before marriage, making it his own private property. However, the notary insists on including a declaration regarding the family residence. Why is this declaration necessary, even if the property is private property?

Answer options: ✅ Even if private property, a declaration is required if the immovable serves as the family residence, requiring both spouses' consent for its alienation.

• The notary is mistaken; private property acquired before marriage does not fall under the rules of the family residence.
• The declaration protects the spouses from future disputes regarding the division of property upon divorce.
• It is a standard formality for all property sales, regardless of matrimonial regime or property classification.

Correct answer: Even if private property, a declaration is required if the immovable serves as the family residence, requiring both spouses' consent for its alienation.

Explanation: Article 404 of the Civil Code of Québec states that neither spouse may, without the consent of the other, dispose of their rights in the family residence. This protection of the family residence applies irrespective of the classification of the property (private or acquest) or the matrimonial regime, and it necessitates a declaration in the deed of sale reflecting its status as the family residence, thus requiring the consent of both spouses.