My spouse put our home in a trust without my knowledge. Is that allowed in Ontario?

Generally, no. The Family Law Act requires the written consent of both spouses before any interest in the matrimonial home can be disposed of or encumbered. Transferring the home into a trust is a disposition of an interest in the property, and doing so without spousal consent violates this protection.

If your spouse transferred the home into a trust without your written consent, you may have grounds to apply to court to set aside the transaction or to seek other remedies. Courts have broad authority to restore rights in these situations. The outcome depends on the specific facts, the type of trust, whether the trust has beneficiaries who received interests, and other circumstances.

Acting quickly is important, because delay can complicate the ability to unwind a transaction, particularly if third-party interests have become involved. You should also preserve any documentation that shows you did not consent and that you were not informed of the transfer. A family law lawyer can assess whether and how to challenge the disposition.