Understanding Matrimonial Homes and Spousal Consent in Ontario

Katie Steinfeld
36 minutes ago
3 min read

If you’ve ever noticed the “spousal consent” line in your real estate agreements and wondered how serious it really is, here’s the short answer:

Very serious.

Ontario courts have made it clear that one spouse cannot unilaterally sell a matrimonial home without the other spouse’s consent. In a recent Ontario case, a seller attempted to proceed with a sale without their spouse’s signed consent. The court ruled the contract was not binding and the buyer received their deposit back.

That deal collapsed entirely simply because spousal consent was missing.

This isn’t theory. This happens in real transactions.

So let’s break down what agents and consumers actually need to know.

What Is a Matrimonial Home in Ontario?

Under Ontario’s Family Law Act, a matrimonial home is any property that a married couple ordinarily lived in as their family residence.

Important details many people don’t realize:

It does not matter whose name is on title
Both spouses have legal rights to the home
More than one property can qualify (for example, cottages or secondary residences if they were used as part of family life)

If a married couple lived there together, it can be considered a matrimonial home.

Who Counts as a “Spouse”?

This is a key distinction.

Matrimonial home protections apply to legally married spouses.

Common-law partners in Ontario do not automatically receive the same matrimonial home rights, regardless of how long they’ve lived together. Common-law partners may have other legal claims, but they cannot block a sale under matrimonial home rules in the same way a married spouse can.

When Is Spousal Consent Required?

If a property is a matrimonial home, both married spouses must consent to:

Selling the property
Mortgaging or refinancing the property
Any transaction that affects possession of the home

This applies even if only one spouse is on title. That’s why spousal consent language is built directly into standard real estate agreements in Ontario. It’s not just boilerplate, it exists to protect everyone involved in the transaction.

Without proper consent:

Closings can be delayed
Deals can collapse
Contracts can become unenforceable

As demonstrated in Ontario court decisions, buyers can even recover their deposits when spousal consent is missing.

What About Separated Couples?

If spouses are separated but not legally divorced, the property may still be considered a matrimonial home unless:

There is a signed separation agreement dealing with the home, or
A court order has been issued

Until one of those exists, spousal consent is typically still required.

Does This Apply to Leases Too?

Yes — and this often surprises people.

Married spouses have equal rights to possession of the matrimonial home. Because leasing changes who has the right to occupy the property, one spouse generally should not lease out the matrimonial home without the other spouse’s consent.

In practice, this usually looks like:

One spouse is named as landlord
The other spouse signs written spousal consent acknowledging and approving the lease

This protects the tenant, the landlord, and future transactions.

A Simple Checklist for Ontario Realtors

To avoid issues later, these questions should be asked early:

Are you legally married?
Was this property used as your family home? (including cottages)
Are you separated, and if so, is there a separation agreement or court order?
Has spousal consent been properly documented?

When there’s any uncertainty, loop in the client’s lawyer early. Catching this upfront can save weeks of stress later.

Why This Matters

Spousal consent is not “just paperwork.” It’s a legal protection that safeguards:

your client
your transaction
and your professional liability

Understanding this behind-the-scenes detail is one of the things that separates experienced professionals from frustrated ones.

Thinking of Buying or Selling?

If you’re planning to buy, sell, or lease a property in Ontario and want experienced guidance through every detail, reach out to our brokerage. We’re happy to help.

And if you’re a real estate agent looking for stronger training, support, and mentorship that goes beyond surface-level advice, we’d love to connect with you about joining our brokerage.

Important Legal Disclaimer

This article is intended for general information only and does not constitute legal advice. Matrimonial home rights and spousal consent requirements can vary based on individual circumstances.

Buyers, sellers, landlords, and tenants should always consult their real estate lawyer to confirm how these rules apply to their specific situation. Realtors should similarly encourage clients to obtain independent legal advice before entering into agreements involving married spouses or family homes.