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Law wrt Sale of Matrimonial Home

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  • Law wrt Sale of Matrimonial Home

    Hi,

    I was discussing with a friend the same of my matrimonial home. I'm recently separated and would like to seel the house and divide the sale, however she has not interest in selling the houe.

    My friend who went through a divorce some 15 years ago said that in her divorce, her ex-husband put the house she and her daughters were living in, up for sale without telling her. She came home to find a for sale sign on the front lawn. Her lawyer at the time said that this could be done, it was the law.

    Looking at the Ontario Attorney General website, it said that neither can sell it or mortgage it without the other's permission.
    Division of Property - Ministry of the Attorney General

    So wondering which is it? Was this the law at some point in time? Is it the law now that it cannot be sold without the other spouse's permission?

    Note that I would not sell the home "from under her nose". I just want to get a clear understanding of the law.

    Thanks for any and all feedback.

  • #2
    I would go with the attorney genereal website, and chalk up your friends experience as being dated.

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    • #3
      You cannot sell the matrimonial home without her consent. A spouse is required to sign various documents in order to affect the sale of the matrimonial home (I sit beside a real estate lawyer and hear this regularly).

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