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 & Senior Partner of Russell Alexander Collaborative Family Lawyers.