Can unpaid spousal support be registered against my property in Ontario?
Yes. In Ontario, unpaid spousal support arrears can be enforced against the payor's real property through the Family Responsibility Office (FRO). The FRO can register a writ of execution with the Sheriff's office, which effectively acts as a lien on any real property the payor owns in Ontario.
Once a writ is registered, it attaches to the payor's interest in any real estate in the county where it is filed. If the payor tries to sell or refinance property, the arrears will typically need to be paid out of the proceeds before the transaction can close. The FRO can also enforce arrears in other ways: garnishing wages and bank accounts, suspending a driver's licence, or pursuing other provincial enforcement tools.
If you have a support order and your ex-spouse is not paying, you do not need to go back to court to start enforcement — contact the FRO directly. If your order is in a separation agreement and not a formal court order, you first need to have it converted to a court order before FRO enforcement can proceed. Keeping your contact information updated with the FRO ensures you receive notices and payments without delay.
Key takeaways
- The FRO can register a lien (writ of execution) on the payor's real property for unpaid arrears.
- Liens must be cleared before the payor can sell or refinance property.
- FRO enforcement tools include wage garnishment, licence suspension, and bank seizure.
- Separation agreements must be converted to court orders before FRO enforcement is available.