Ontario The issue of spousal consent arises frequently. The law has its basis in the Family Law Act. There are certain “rights” that are afforded to a spouse in respect …
Signature of Spouse on Listing
(Ontario) Question: The Owner signs the listing and all is good, but then the spouse (common law) not on title REFUSES to sign? Answer: Be sure not to give the …
Getting the Spousal Consent
From time to time, this can be quite stressful for real estate agents. One spouse owns the house. Both spouses lived in it. They have broken up and they are …
More Matrimonial Home Questions
The title is on the husband’s name. When signing the APS: 1. Is (are) seller’s name only husband or the husband and the wife? 2. If both of them signed, …
Family Law Act and Matrimonial Home Questions
Questions: 1. If man owned a home before they got married, and then they got married, what does the wife sign on the Agreement of Purchase and Sale. Does she …
Joint Tenancy Severance and Death
If one joint tenant (A) out of three (A, B and C) sells his share to X, then X becomes tenants in common with joint tenants B and C. Now …
FLA Supersedes Joint Tenancy
(Ontario) Question: One of the questions in the practice test asks if Jim and Dan are joint tenants of a property, Dan is living overseas and Jim and wife live …
Family as Tenants or What?
Question: I have a client who is on title to a home with her husband that they purchased 5 years ago. Her adult son and his wife (either common law …
Joint Tenancy may not be 50/50
Ordinarily, one would think that the proceeds of the sale of property should be divided 50/50 in the case of “Joint Tenancy”. However, that was not the case in Kamermans v. …
Dower Rights in Ontario
Dower rights in Ontario have come and gone. Of course, they came with the “common law” but they went when the Family Law Reform Act was enacted on 31 March …