Spousal Consent

Ontario

Question:

House is in husband’s name and wife has consented to the listing. When we receive an offer can husband negotiate back and forth and then wife signs spousal consent at the end of negotiations? What if they are not on the same page?

Answer:

The Spousal Consent as indicated on the Standard Form simply requires a signature which effectively waives the possessory rights. Looking simply at the Form itself, the answer would be that the wife’s signature at any point in the negotiations would be sufficient.

You may of course have another issue, and that is, your relationship with the wife as the spouse.

Is she 1) your client, 2) your customer or 3) simply a member of the public?

This role changes your legal responsibilities and obligations to the non-titled spouse. In many situations, “informed consent” is required (but, not always). So there can be exceptions.

Generally, the best way to treat a non-titled spouse is if they held title. That way, they are informed every step of the way. You would require the Husband’s consent in this case.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

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