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.
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.
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