CCQ-1991 - Civil Code of Québec

Section 3062 Disposition versions

2021-02-01

3062. Registration of a declaration of family residence is cancelled, on the application of any interested person, only in the following cases: where the married or civil union spouses consent, where one of the spouses has died and his succession has been liquidated, where the spouses are separated from bed and board or are divorced, where the civil union has been dissolved, the marriage or civil union has been annulled, or where the immovable has been alienated with the consent of the spouses or with the authorization of the court.

Except where the spouses consent to the cancellation and where the application is based on a judgment, the application shall be accompanied, as the case may be, by a death certificate and a certified declaration of the liquidation of the succession or a copy of the joint notarial declaration of dissolution. An application that is based on a judgment is made by presenting a notice reproducing the pertinent extract from the operative part of the judgment. The accuracy of the content of the notice must be certified by a notary or an advocate. If the notice is notarial, the mere signature of the notary is sufficient certification.

1991, c. 64, a. 3062; 2002, c. 6, s. 62; I.N. 2014-05-01; I.N. 2015-11-01; 2020, c. 17, s. 23.

2015-11-01

3062. Registration of a declaration of family residence is cancelled, on the application of any interested person, only in the following cases: where the married or civil union spouses consent, where one of the spouses has died and his succession has been liquidated, where the spouses are separated from bed and board or are divorced, where the civil union has been dissolved, the marriage or civil union has been annulled, or where the immovable has been alienated with the consent of the spouses or with the authorization of the court.

Except where the spouses consent to the cancellation, the application shall be accompanied by a death certificate and a certified declaration of the liquidation of the succession or a copy of the judgment or the joint notarial declaration of dissolution, as the case may be.

1991, c. 64, a. 3062; 2002, c. 6, s. 62; I.N. 2014-05-01; I.N. 2015-11-01.

2014-05-01

3062. Registration of a declaration of family residence is cancelled, on the application of any interested person, only in the following cases: where the married or civil union spouses consent, where one of the spouses has died and his succession has been liquidated, where the spouses are separated from bed and board or are divorced, where the civil union has been dissolved, the marriage or civil union has been annulled, or where the immovable has been alienated with the consent of the spouses or with the authorization of the court.

Except where the spouses consent to the cancellation, the application shall be accompanied by a death certificate and a certified declaration of the liquidation of the succession or a copy of the judgment or the notarized joint declaration of dissolution, as the case may be.

1991, c. 64, a. 3062; 2002, c. 6, s. 62; I.N. 2014-05-01.

2002-06-24

3062. Registration of a declaration of family residence is cancelled, on the application of any interested person, only in the following cases: where the married or civil union spouses consent, where one of the spouses has died and his succession is liquidated, where the spouses are separated from bed and board or are divorced, where the civil union has been dissolved, the marriage or civil union has been annulled, or where the immovable has been alienated with the consent of the spouses or with the authorization of the court.

Except where the spouses consent to the cancellation, the application shall be accompanied with a death certificate and an attested declaration of the liquidation of the succession or a copy of the judgment or the notarized joint declaration of dissolution, as the case may be.

1991, c. 64, a. 3062; 2002, c. 6, s. 62.

1994-01-01

3062. Registration of a declaration of family residence is cancelled, on the application of any interested person, only in the following cases: where the spouses consent, where one of the spouses has died and his succession is liquidated, where the spouses are separated from bed and board or are divorced, where the marriage has been annulled, or where the immovable has been alienated with the consent of the spouses or with the authorization of the court.

Except where the spouses consent to the cancellation, the application shall be accompanied with a death certificate and an attested declaration of the liquidation of the succession or a copy of the judgment, as the case may be.

1991, c. 64, a. 3062.