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8 Comments on When is the Spousal Consent Necessary?
Well ... we have a completely differnt system in Nevada, USA! Interesting to see the difference!
We need spousal consent to sell here in NC even if one of the sellers purchased the property before they were legally married.
Hi Brian - In some cases, it can be difficult for the real estate agent to determine if a particular property is a matrimonial home where the property is listed in only one spouse's name.
Brian - Interesting to see how Canada compares with the USA in dealing with different scenarios.... Thanks for sharing
We have a special Act in Ontario which governs the issue, however the point often muissed is that the consent required is an informed consent, and the procedures are quite different, and more stringent.
Hi Brian. A timely post for me. What length of time establishes common law marriage thus transforming the home into a matrimonial home? Does having a child together alter this at all?
Evan,
There are two definitions of spouse under the FLA.
1) Support spouses, these are the ones where length of time together and have a child are relevant.
2) Married Spouses, these are the ONLY ones to whom the provisions of the matrimonial home apply.
Brian
Hello Brian, states have different laws governing this and so there is no question about it I always defer to an attorney in town.