Matrimonial Home – Spousal Consent

Costs of possession | Definitions & Meanings That Nobody Will Tell You.

Question:

I have a seller and she is on title alone, separated and he moved out. It was a matrimonial home. Two years go by and she can’t afford to keep the house any longer.

Since I know the both of them I called him up and asked if he was ready to sell and consent to the sale. His reply – no way, I won’t consent to anything. Her lawyer advised me to list the property.

I thought I heard something along the lines that she can sell, debts can be paid (mortgage, taxes and of course commission) but the remainder of the funds will be held until court makes a decision to distribute the funds, is this right? And should I list the property?

Answer:

  1. No, 2) No.

The separated husband has no property interest in the matrimonial home. So, no money needs to be set aside for him. His interest is in possession only, and he is being asked to sign the Spousal Consent in order to confirm that.

It was rather unwise to have asked him if he was ready to sell. He is not on title. He is not selling anything. He is simply consenting to the transaction and confirming that it is not his intention to re-occupy the premises. He’s not there anyways. Does he plan to move back in?

As between the two he has rights to occupy the premises. It would be wise to list the property, have the wife apply for a Court Order permitting a Judge to “consent” on his behalf. Otherwise, this matter will have to be negotiated with money!

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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