This is the Family Law Act paragraph:
“9. FAMILY LAW ACT: The Seller hereby warrants that spousal consent is not necessary under the provisions of the Family Law Act, R.S.O. 1990, unless the spouse of the Seller has executed the consent hereinafter provided.”
Review
Set out below and marked in bold and italics are those words that are inserted by me to assist in the review. They are not set out in the clause itself. Let’s look at that paragraph in a little more detail:
9. FAMILY LAW ACT:
Warranty: No Signature Necessary
The Seller hereby warrants that spousal consent is not necessary
under the provisions of the Family Law Act, R.S.O. 1990,
Unless Spouse Signs
unless the spouse of the Seller has executed the consent hereinafter provided.
COMMENT
So, if the spouse signs, then, the Family Law Act consent is required.
If there’s no signature, then, the Seller actually warrants that the signature is not required.
This provision deal with the matrimonial home. Was the property a matrimonial home? The key time period is the date of separation, not now. So, the spouse may have left the matrimonial home 10 years ago, 20 years ago or even 30 years ago and that spousal consent will be required.
The Spouse may be entitled to a Court Order providing them with exclusive possession of the property. That’s likely a major issue for the Buyer.
Brian Madigan LL.B., Broker