If you are married without a marriage contract then the answer is usually yes. There is a specific law in Ontario that the presumption is that each spouse will always receive 50% of the equity in the matrimonial home. In a common-law relationship where the rules for property division are more along the lines of whoever owns it keeps it this is not the case.
If you do own a property before marriage which you believe will become the matrimonial home you should consider how to protect yourself from this result.
You... MORE »
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 an 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... MORE »
As with any Family Law matter, you are within your rights to represent yourself before the Court if your spouse or former spouse is refusing to agree to sell the matrimonial home. While it goes without saying that hiring a lawyer experienced in Family Law and the family court system may simplify the process for you, you can certainly obtain such an order without retaining a lawyer.
There are several things you should know before commencing your application to the court. According to the Family Law Act of Ontario, the “matrimonial... MORE »
For the most part you cannot sell the matrimonial home unless your spouse agrees to the sale. This does not mean that your spouse has the right to prevent the sale of the home forever, but especially if there are children involved, they may be able to delay the sale of the home for quite some time.
If your spouse refuses to sell the home there are a few actions you can take. First you can attempt to negotiate a separation agreement in which you both agree to a certain plan... MORE »