Can one spouse list the matrimonial home for sale without the other spouse's agreement in Ontario?

Signing a listing agreement with a realtor is generally a different step than actually selling the home, and a titled spouse can often enter into a listing agreement on their own, since listing alone doesn't dispose of or encumber an interest in the property the way completing a sale does. Where the real legal requirement kicks in is at the point of actually accepting an offer and completing a transaction that would convey the matrimonial home, which the Family Law Act says cannot happen without the other spouse's consent or a court order, regardless of whose name is on title.

In practice, many realtors and lawyers involve the non-titled spouse earlier than strictly necessary, since a listing that can't lead anywhere without the other spouse's cooperation isn't especially useful, and it avoids wasted time and awkward conversations later in the process. A non-titled spouse who discovers the home has been listed without their knowledge should raise the matrimonial home consent requirement directly, since they generally have the ability to prevent a sale from actually completing without their agreement. Anyone in this situation, on either side, should get legal advice early rather than letting a listing proceed without addressing consent.