Question:
A couple decides to “break up” and she decides to buy a condominium? Does the husband have to sign the spousal consent?
Answer:
The issue is whether or not they are “separated”. Is that what “broke up” means? He never lived in the condo, so no spousal consent is required. While the spousal consent only deals with possessory rights, there may be some other collateral property issues which need to be resolved.
On a purchase, going in, there is no problem unless there is a mortgage. There may be a way around that, but it is a problem to be solved. It’s always difficult to prove “intention” when it comes to two different parties. The timing associated with a separation is significant and sometimes just a few days earlier or later can make quite a difference in the calculations.
So, did they actually break up on Friday night when they went out to dinner together or the following Wednesday when one of the parties went to stay with their parents, or the following week when they rented an apartment, or the week after that when they moved in, or two months after that when they finally removed all of their possessions?
Both parties would need to agree upon a date, otherwise the Judge has to figure it out. The calculations all flow from the correct date. The stock market might have crashed, gold might have gone up, someone’s pension might have vested.
The actual date and timing of the separation can be quite significant.
Brian Madigan LL.B., Broker