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Declaration of family residence: signing before a sworn witness

In Québec, the family residence of a married or civil-union couple benefits from special protection: the other spouse must consent in writing before it is sold, leased, or hypothecated. To activate this protection, a declaration of family residence must be registered with the Land Register — a step that requires the signature of two witnesses, one of whom must be sworn.

What the declaration of family residence protects

During a marriage, a civil union, or a parental union, the law protects the family home and the furniture used by the household: the spouse who is not the owner (or not the sole owner) must still give written consent before the other sells, leases, or hypothecates the residence.

For this protection to be enforceable against third parties (for example, a buyer or a mortgage creditor who consults the Land Register), it must be registered by means of a declaration of family residence.

Who can make it, and how

The declaration can be made by only one of the spouses, or by both together. It can be made by just one spouse, who is not required to inform the other.

Once signed, the declaration must be sent to the Direction générale du registre foncier to be registered. There is one model for a declaration made by a single spouse, and another for one made by both.

Signing before two witnesses, one of them sworn

The Government of Québec is explicit on this point: “Have it signed by two witnesses, one of whom is sworn.” A Commissioner for Oaths can act as that sworn witness.

Because this is a document meant to be registered with the Land Register (not a simple declaration under oath attached to an administrative application), confirm with the Land Register or a notary whether a remote, videoconference signature is accepted in your situation before booking — especially if both spouses are not already together in the same place to sign.

Where to get the models

Model declarations of family residence (in French and English, for one spouse or for both) are published free of charge by the Land Register.

Model — declaration made by one of the spouses (PDF, English)

Modèle — déclaration faite par un seul époux ou conjoint (PDF, French)

Modèle — déclaration faite par les deux conjoints (PDF, French)

See all documents that need to be sworn

Assermentation Express

Assermentation Express is not a government website and does not replace a notary's services. This service does not determine whether a declaration of family residence is required in your situation, nor does it verify its acceptability at the Land Register.

Do you need your declaration of family residence signed before a sworn witness? Check availability and book online.

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Sources and references

← Assermentation Express
Declaration of family residence (Québec)