I co own a duplex in Montreal with my ex (common law, one…

Besides for tax purposes, the status of a common-law relationship is not a factor of legal analysis in Quebec. The criteria is the ownership of the assets. If assets such as an immovable are co-owned by two people, the rules of co-ownership at sections 1012 and following of the Civil code of Quebec, which I've pasted below. You would have the total right to know what tenants are in the immovable in fact it's surprising a lease would be signed without you.

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Jeremie John Martin

CHAPTER II

UNDIVIDED CO-OWNERSHIP

DIVISION I

ESTABLISHMENT OF INDIVISION

1012. Indivision arises from a contract, a succession or a judgment or by operation of law.

1991, c. 64, a. 1012; I.N. 2014-05-01.

1013. Co-owners may agree in writing to postpone the partition of property on expiry of the term provided for the indivision.

Such an agreement may not exceed 30 years, but is renewable. An agreement exceeding 30 years is reduced to that term.

1991, c. 64, a. 1013; I.N. 2014-05-01.

1014. Indivision by agreement with respect to an immovable shall be published if it is to be set up against third persons. In particular, the term provided for the indivision, the identification of the shares of the co-owners and, where applicable, the pre-emptive rights granted, or the granting of a right of use or exclusive enjoyment of a portion of the undivided property, shall be mentioned.

1991, c. 64, a. 1014; I.N. 2014-05-01; 2016,c. 4, s. 128.

DIVISION II

RIGHTS AND OBLIGATIONS OF CO-OWNERS

1991, c. 64, Div. II; I.N. 2014-05-01.

1015. The shares of co-owners are presumed equal.

Each co-owner has the rights and obligations of an exclusive owner as regards ***** ***** Thus, each may alienate or hypothecate his share and his creditors may seize it.

1991, c. 64, a. 1015; I.N. 2014-05-01.

1016. Each co-owner may make use of the undivided property provided he does not affect its destination or the rights of the other co-owners.

If one of the co-owners has the use and exclusive enjoyment of the property, he is liable for an indemnity.

1991, c. 64, a. 1016; I.N. 2014-05-01.

1017. The right of accession operates to the benefit of all the co-owners proportionately to their share in the indivision. Nevertheless, where a co-owner holds a right of use or exclusive enjoyment of a portion of the undivided property, he also has the use or exclusive enjoyment of anything joined or incorporated with that portion.

1991, c. 64, a. 1017; I.N. 2014-05-01; 2016, c. 4, s. 129.

1018. The fruits and revenues of the undivided property accrue to the indivision, where there is no provisional partition or any other agreement with respect to their periodic distribution. They also accrue to the indivision if they are not claimed within three years from their due date.

1991, c. 64, a. 1018; I.N. 2014-05-01.

1019. Co-owners are liable proportionately to their shares for the costs of administration and the other common charges related to the undivided property.

1991, c. 64, a. 1019; I.N. 2014-05-01.

1020. Each co-owner is entitled to be reimbursed for necessary disbursements he has made to preserve the undivided property. For other authorized disbursements, he is entitled, at partition, to an indemnity equal to the increase in value given to the property.

Conversely, each co-owner is liable for losses resulting from his act or omission that decrease the value of the undivided property.

1991, c. 64, a. 1020; I.N. 2014-05-01; 2016, c. 4, s. 130.

1021. Partition which takes place before the time fixed by the indivision agreement may not be set up against a creditor holding a hypothec on an undivided share of the property unless he has consented to the partition or unless his debtor retains a right of ownership over some portion of the property.

1991, c. 64, a. 1021; I.N. 2014-05-01.

1022. Any co-owner, within 60 days of learning that a third person has, by onerous title, acquired the share of a co-owner, may exclude him from the indivision by reimbursing him for the transfer price and the expenses he has paid. This right may be exercised only within one year from the acquisition of the share.

The right of withdrawal may not be exercised where the co-owners have stipulated pre-emptive rights in the indivision agreement and where such rights, if they are rights in an immovable, have been published.

1991, c. 64, a. 1022; I.N. 2014-05-01.

1023. A co-owner having caused his address to be registered at the registry office may, within 60 days of being notified of the intention of a creditor to cause the share of a co-owner to be sold or to take it in payment of an obligation, be subrogated to the rights of the creditor by paying him the debt of that co-owner, with costs.

A co-owner not having caused his address to be registered may not set up his right of withdrawal against a creditor or a creditor’s successors.

1991, c. 64, a. 1023; I.N. 2014-05-01; I.N. 2015-11-01; 2016, c. 4, s. 131.

1024. If several co-owners exercise their rights of withdrawal or subrogation against the share of a co-owner, it is partitioned among them proportionately to their rights in the undivided property.

1991, c. 64, a. 1024; I.N. 2014-05-01.

DIVISION III

ADMINISTRATION OF UNDIVIDED PROPERTY

1025. The co-owners administer the property jointly.

1991, c. 64, a. 1025; I.N. 2014-05-01.

1026. Decisions relating to the administration of the property are taken by a majority in number and shares of the co-owners.

Decisions in view of alienating or partitioning the undivided property, charging it with a real right, changing its destination or making substantial alterations to it require unanimous approval.

1991, c. 64, a. 1026; I.N. 2014-05-01.

1027. The co-owners may appoint one of their number or another person as manager and entrust him with the administration of the undivided property.

Upon application by a co-owner, the court may designate the manager and determine the terms and conditions of his office, where a majority in number and shares of the co-owners cannot agree on whom to appoint, or where it is impossible to appoint or replace the manager.

1991, c. 64, a. 1027; I.N. 2014-05-01.

1028. A co-owner who administers the undivided property with the knowledge of the other co-owners and without objection on their part is presumed to have been appointed manager.

1991, c. 64, a. 1028; I.N. 2014-05-01.

1029. The manager acts alone with respect to the undivided property as administrator of the property of others charged with simple administration.

1991, c. 64, a. 1029.

DIVISION IV

END OF INDIVISION AND PARTITION

1030. No one is bound to remain in indivision. Partition may be demanded at any time unless it has been postponed by an agreement, a testamentary provision or a judgment, or by operation of law, or unless it has become impossible because the property has been appropriated to a lasting purpose.

1991, c. 64, a. 1030; I.N. 2014-05-01; I.N. 2015-11-01.

1031. Notwithstanding any agreement to the contrary, three-quarters of the co-owners representing 90% of the shares may terminate the undivided co-ownership of a mainly residential immovable in order to establish divided co-ownership of it.

The co-owners may satisfy those who object to the establishment of divided co-ownership and who refuse to sign the declaration of co-ownership by apportioning their share to them in money; the share of each co-owner is then increased in proportion to his payment.

1991, c. 64, a. 1031; I.N. 2014-05-01.

1032. Upon application by a co-owner, the court, to avoid a loss, may postpone the immediate partition of all or part of the property and maintain the indivision for at most two years.

The decision may be revised if the causes justifying the maintenance of the indivision have ceased to exist or if the indivision has become intolerable or presents great risks for the co-owners.

1991, c. 64, a. 1032; I.N. 2014-05-01; 2016, c. 4, s. 132.

1033. If a co-owner objects to the maintenance of the indivision, the other co-owners may satisfy him at any time by apportioning his share to him in kind, provided it is easily detachable from the rest of the undivided property, or in money, as he chooses.

If the share is apportioned in kind, the co-owners may make the allotment least prejudicial to the exercise of their rights.

If the share is apportioned in money, the share of each co-owner is increased in proportion to his payment.

1991, c. 64, a. 1033; I.N. 2014-05-01.

1034. If the co-owners fail to agree on the share in kind or in money to be apportioned to one of them, an appraisal or a valuation is made by a person designated by all the co-owners or, if they cannot agree among themselves, by the court.

1991, c. 64, a. 1034; I.N. 2014-05-01.

1035. Creditors whose claims arise from the administration are paid out of the assets before partition.

No creditor, not even a hypothecary creditor, of a co-owner may demand partition, except by an oblique action where the co-owner could demand it himself.

1991, c. 64, a. 1035; I.N. 2014-05-01.

1036. Indivision may be terminated by the decision of a majority in number of shares of the co-owners where a substantial part of the undivided property is lost or expropriated.

1991, c. 64, a. 1036; I.N. 2014-05-01.

1037. Indivision ends by the partition or alienation of the property.

In the case of partition, the provisions relating to the partition of successions apply, adapted as required.

However, the act of partition which terminates indivision, other than indivision by succession, is an act of attribution of the right of ownership.

Hi,

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Best regards,

Jeremie John Martin

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Have a great day!

Best regards,

Jeremie John Martin