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Spousal Consent for your Home Sale

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When you sell property, your Toronto real estate lawyer will require that all registered owners sign the transfer documents.   When a married couple buys a home, both parties are generally the registered owners, or on title. When only one spouse in on title, the other is most often required to sign the documents even though they are not on title.  

Family Law Act

The reason for this can be found in the Family Law Act, which affords spouses the right to possession, and continued occupancy for 60 days after the titled spouse’s death of the matrimonial home.   

When a real estate lawyer requires the signature of the spouse who does not have a registered interest on the closing documents, the lawyer is requiring that he or she provides the consent required to give full force and effect to the sale.  The right to possession of the property is relinquished and consent to the sale is provided. In the event that such consent is not provided, or such consent is not fully informed, the sale can be set aside by the court.

What is Considered a Matrimonial Home?

A matrimonial home is any property in which a person has an interest, and that was ordinarily occupied by that person and their spouse as their family residence.  A married couple may have more than one matrimonial home at any given time. For example, a family might own their year-round family home, in addition to their summer cottage property.  As long as the family uses the property as a residence, both spouses will be required to sign the closing documents, even if only one spouse is on title. If consent is not provided, the purchaser’s real estate lawyer will not accept the closing documents.

Testimonials

It was a pleasure working with Patricia from Axess Law. It was my first time purchasing a home, and was very nervous about every step in the process. I called and emailed Patricia several times with the silliest questions. She answered them all promptly, and provided the best customer service I could ask for. I would recommend Axess Law and particularly Patricia to everyone.

Cindy Tran

In the past I had to make appointments and waited for days to see a lawyer. Now conveniently this office is at my neighborhood supermarket. I was able to walk in and get my documents signed in less than 30 minutes The staff are courteous and professional. I would recommend anyone. Prompt service.

Joy Stewart

I am writing this review on behalf of my daughter who completed her first Real Estate condo transaction with AxessLaw. Besides just helping my daughter as a client, they helped her understand every single step involved in the process and the whole process was completed without any problems. I would recommend them to anyone looking for hassle free real estate transaction without thinking twice.

Irene Tucker

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