Spousal Consent and the Pre-nuptial Agreement in Ontario
Question:
Under the pre-nuptial agreement there are no rights whatsoever for the wife in respect to the matrimonial home. Does she still sign spousal consent?
Answer:
The pre-nuptial agreement can deal with every aspect of the matrimonial home except "possession". They have to be really "married" not just living together etc.
If he has the right occupy, then she does too. He can't change the locks to keep her out. When she signs the Spousal Consent, she is simply giving up possession.
She may indeed afterwards sue for a division of the equity for a variety of reasons, but that's not part of the real estate deal. Let the lawyers worry about that matter.
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