FAQs Property Division, Sharing & The Matrimonial Home

What if my spouse isn’t cooperating with the sale of the matrimonial home?

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Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

Unfortunately, there is no quick and easy way to force your spouse to cooperate during the sale of your home.

However, if your spouse is refusing, here are a few steps you can take:

  • Negotiate a separation agreement in which you agree how the sale of the home will take place
  • If your spouse is still being unreasonable, you can start an application in the court to request forcing the sale of the home

If you are not living in the home, but still contributing to the mortgage or maintenance expenses, you can also request that your spouse pay you occupation rent in recognition of the advantage they are receiving by living in the home for free.

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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), Lindsay, and Peterborough.

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