Can I Force the Sale of the Matrimonial Home in Ontario?
Possibly, but it is not automatic. Joint tenants and tenants in common of land in Ontario may be compelled to allow partition or sale of the land. Any person interested in the land may apply for partition, or for a sale under the court's directions if the court considers a sale more advantageous to the parties.
A spouse's matrimonial home rights still matter. Neither spouse may sell or mortgage a matrimonial home without the other spouse joining in or consenting, unless the other spouse has released their rights by separation agreement, a court authorizes it, or another property has been properly designated. A court may authorize a transaction if the other spouse cannot be found, is incapable of consenting, or is unreasonably withholding consent. The court may also order that one spouse have exclusive possession, regardless of who owns the home.
On an equalization application, the court may order property transferred, vested, partitioned or sold. To protect a claim while matters are pending, it may restrain dealings with property. Whether a sale can be forced or delayed depends on your title, your claims and your facts, so speak with a lawyer first.
Key takeaways
- Joint tenants and tenants in common of land in Ontario may be compelled to allow partition or sale of the land under the Partition Act.
- A person interested in the land may apply for a sale under the court's directions if the court considers a sale more advantageous to the parties.
- A spouse generally cannot sell or mortgage a matrimonial home without the other spouse's consent, a release in a separation agreement, or court authorization.
- A court may order exclusive possession to one spouse regardless of who owns the home, and may restrain dealings with property to protect a claim.