What happens if a required spousal signature can't be obtained on the morning of closing?

Under the Family Law Act, a spouse cannot dispose of or encumber a matrimonial home without the other spouse's consent or a court order, regardless of whose name is actually on title. If that consent signature cannot be obtained on closing morning, this is not a minor paperwork gap; it goes to whether the seller can actually deliver good title at all.

Without the required consent or a court order dispensing with it, registration generally cannot safely proceed, since the transfer could later be challenged. If the missing spouse is simply unavailable rather than refusing to sign, the parties may be able to arrange a short delay to obtain the signature, sometimes through a gap closing if everything else is ready. If the spouse is actively refusing, this becomes a more serious problem for the seller to resolve, potentially requiring a court order, and the buyer's lawyer will not proceed to registration in the meantime. Because this issue can surface unexpectedly close to closing, buyers' lawyers typically confirm early in the transaction whether a property is a matrimonial home and whether both spouses' consent has actually been secured.