What Each Spouse Must Understand About the Joint Mortgage

A joint mortgage is a major financial commitment binding both spouses, often for years or decades. In Quebec, the legal framework surrounding co-ownership and the mortgage varies considerably based on the couple's marital status. Each partner must be fully informed of their rights, obligations, and implications in case of a change in situation.

Essential information each spouse must know

• The exact mortgage balance and residual amortization: this data determines your common debt level and available equity in the property.
• The interest rate (fixed or variable), term renewal date, and conversion conditions: these parameters influence your future payments and options.
• Insurance in force (life, disability, job loss) and designated beneficiaries: verify that both spouses are covered and that beneficiaries are up to date.
• Prepayment conditions (permitted lump sum, payment increase) and break penalties: these conditions déterminé your financial flexibility.
• Specific procedures in case of death, disability, or separation: each spouse must know what to do and who to contact in each scenario.

Mortgage solidarity

Legal obligation by which each co-borrower is responsible for the entire mortgage debt to the lender, not just their proportional share. If one spouse stops paying, the other must assume the full payment to avoid default. This responsibility persists as long as the co-borrower's name appears on the mortgage contract.

Protections by marital status in Quebec

In Quebec, the distinction between married or civilly united couples and common-law partners is fundamental for property rights. Married or civilly united couples automatically benefit from family patrimony protection: the net value of the family residence is shared 50/50 upon divorce or dissolution, regardless of the title of ownership, regardless of who made the down payment, and regardless of who made the mortgage payments. This protection is of public order and cannot be set aside by contract.

Concrete actions to protect both spouses

1. For married or civilly united couples: Ensure both names appear on the title of ownership and on the mortgage contract. Update the will and protection mandate to reflect your mortgage situation. Discuss finances openly and share access to mortgage documents.
2. For common-law partners: Have a notarized cohabitation agreement drafted that clearly defines each person's rights to the property, contribution to payments, and sharing upon separation. Both names should ideally appear on the title of ownership and mortgage contract.
3. For all couples: Maintain adequate life insurance covering the mortgage balance for each spouse. Create a shared file containing all mortgage and insurance documents. Reassess your situation at each major life event.

An AMF-certified broker and a notary help you structure your co-ownership and mortgage to protect both spouses' interests, regardless of your marital status. This preventive planning avoids costly conflicts and protects your common assets.