Can my spouse sell our matrimonial home without my consent in Ontario?

No. The Family Law Act prohibits a spouse from selling, mortgaging, leasing, or otherwise disposing of an interest in the matrimonial home without the other spouse's written consent, even if only one spouse owns it. This protection exists regardless of whether the parties have separated.

If a spouse attempts to complete a transaction without consent, the other spouse can apply to court to set it aside. Courts have broad discretion to unwind such a transaction and restore the property or order compensation. Purchasers or lenders who acquire the property without obtaining proper spousal consent may not be protected.

There is a narrow exception: if a court order grants one spouse the right to deal with the property alone, or if the non-owning spouse has released their rights in a domestic contract, the transaction can proceed. Otherwise, both spouses must sign any agreement of purchase and sale, mortgage, or lease affecting the matrimonial home. If you believe your spouse is attempting to sell without your consent, speaking with a lawyer immediately is important because timing matters.