If you are putting your matrimonial home up for sale, consent is required from both spouses. Under Ontario provincial family law, parties who are legally married have an equal right to take ownership of the home. In this case, it does not matter who holds the formal legal title to the property, the matrimonial home is governed by a special set of rules. However, when you are in a common law relationship, you are authorized to sell the property if your name is on the title, without the consent of your common law spouse.
If you are legally married, the law requiring consent from your spouse before selling the home is put in place to protect individuals from the sale of any interest in the matrimonial home. Spouses may only sell the property under the following conditions:
If you want to better understand your rights, reach out to our family law attorneys at Simard & Associates. Our experienced team can walk you through the available options and solutions for resolving the sale of a matrimonial home.
For more information about the sale of your property and your rights, get in touch with our team at Simard and Associates by calling 613-446-5060 or submit a form online.
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