Does my spouse have to consent to selling our home even if only my name is on title in Ontario?
Yes, if the property is your matrimonial home. Under Ontario's Family Law Act, a spouse cannot sell, mortgage, or otherwise deal with an interest in a matrimonial home without the other spouse's consent, or a court order dispensing with it, regardless of whose name is on title. This rule exists specifically because a spouse's right to live in the family home doesn't depend on being an owner, so the law protects that right by requiring their agreement before the home can be disposed of.
In practice, this means a real estate lawyer handling the sale will typically ask the non-titled spouse to sign a spousal consent or acknowledgment confirming they agree to the sale, even though their name never appears on the deed. Skipping this step isn't just a formality problem — a sale completed without the required consent can be challenged by the spouse who didn't agree. If a marriage has ended, or the property genuinely isn't a matrimonial home because it was never occupied as the family residence, the analysis can be different, but that shouldn't be assumed without confirming it. Anyone selling a home they share with a spouse should raise this early with their lawyer, well before an agreement is signed.
Key takeaways
- The Family Law Act requires spousal consent to sell a matrimonial home, regardless of who is on title.
- This protects the non-titled spouse's right to live in the home, separate from ownership.
- Lawyers typically use a spousal consent or acknowledgment form to document this at closing.
- Selling without required consent can expose the transaction to a later legal challenge.