FAQs Property Division, Sharing & The Matrimonial Home

Can my spouse sell the home without telling me?

Typically your spouse cannot sell the home without your consent and so would not be able to sell without letting you know. The law says that spouses are not authorized to sell or encumber any interest in the matrimonial home except in certain circumstances.

Spouses may only sell the matrimonial home under the following circumstances:

  • Both spouses join in the transaction or consent to that transaction
  • One spouse has released their rights to the home by way of a separation agreement
  • The court has authorized the transaction without the consent of one spouse
  • The property is not actually a matrimonial home and the spouses have both registered a matrimonial home designation for another property

Any transaction which purports to sell a matrimonial home where none of the above applies may be set aside by the court unless the person to whom the property was sold has acquired it for value in good faith and without notice at the time of the transaction that the property was a matrimonial home.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Oshawa, Concord, Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.