Family Law Act and Matrimonial Home 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 sign spousal consent because she’s not on title or does she sign fully because it’s now a matrimonial home?  Does that mean that the second they are married, the home becomes a matrimonial home?

2. If man owned a home before they got married and he decided to get a marriage contract protecting his assets, and then he gets married and they live in the home he already owned, is the house still not a matrimonial home?  Do they have to designated it as such?  What if any does the wife get if they divorce?

3. If there’s a marriage contract in place protecting the husband, and he wants to list re-mortgage the home that the wife is not on title for, does she still sign as spouse?


  1. A) The wife signs the Spousal Consent. This is assuming that she moved into the “home”.

B) no.

2. A) yes.

B) no.

C) answer is beyond the scope matters a real estate agent needs to know.

3. yes, she signs Spousal Consent.

Brian Madigan LL.B., Broker

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