Spousal Consent in Ontario – The Textbook Answer
Question:
Spousal consent - Would a non-title spouse sign the spousal consent at the time of signback, or only at acceptance? If the buyers end up signing the confirmation of acceptance, does the non-title spouse still sign?
Answer:
Assuming that the property qualifies as a "matrimonial home". The Family Law Act Spousal Consent does not deal with the issue of ownership of the property. The non-titled spouse need only consent to giving up “possession”, so once they have done that, they don’t need to sign again.
The price and the terms of the sale are between the Seller and the Buyer. The non-titled spouse has nothing to do with that. The spouse merely “consents to the disposition evidenced herein”. That’s possession only, nothing to do with title, so once the signature is there on the dotted line, that’s it, they are done.
And, naturally they don’t sign anywhere else. Well, that’s one answer to the question and it’s the textbook response!
Brian Madigan LL.B., Broker
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