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Real Estate Market Trends | An Educated Approach to Real Estate™ Blog

Friday, June 5, 2020   /   by Zifan Gao

Separating From a Spouse? 5 Things You Need to Know About the Matrimonial Home

For most couples, the matrimonial home represents their largest asset and it is a place of emotional significance – filled with both positive and negative memories. 


A matrimonial home is not simply the house in which a married couple lives. In Ontario, it is afforded special treatment under the Family Law Act. 


Let’s have look at why the matrimonial home is such a hot topic during a separation or divorce: 


 
#1 Spousal Consent is Always Required


Neither spouse is permitted to sell, mortgage or otherwise, encumber the matrimonial home without the other spouse’s knowledge and consent - be it during a marriage or post-separation, even if only one spouse’s name is on the title.  

If you and your spouse cannot agree on what to do with the matrimonial home, one party may apply to the court and request an order for partition and sale.  

If your name is not on the title and you fear that your spouse will try ...

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