Does My Spouse Need to Consent to the Sale of My Property?

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.

When a Spouse Can Legally Sell the Property

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:

• Both spouses consent to and / or join in the transaction of sale
• One spouse has released their rights to the property under a signed Separation Agreement;
• The court authorizes the transaction without the consent of one spouse by way of Court Order;
• The property is not a matrimonial home and both spouses have designated the matrimonial home to another property.

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.