Can our home be listed for sale with only one spouse’s signature?

Can our home be listed for sale with only one spouse’s signature?

When divorcing, our clients ask: “Can our home be listed for sale with only one spouse’s signature?”

The Graff Girls answer: In Ontario, each spouse who is married has a right to ownership and occupation of the matrimonial home and neither spouse can sell or refinance it without the other spouse’s signature.

In some cases, where one spouse refuses to sell the home, their lawyers must get involved and attend court to obtain a court order for sale of the home. Although this may be an expensive ordeal, it often works and results in a court-ordered sale of the home so that the proceeds may be divided and each spouse may buy a new home and begin their new life post-separation.

Cheryl and Samantha are regularly called upon to help divorce lawyers manage the spouses and get the home sold. From signing the listing agreement, to valuing the home, to staging it for sale, to maximizing its sale price, to moving day, to buying a new home or homes, The Graff Girls do it all for divorcing couples. Mostly, they do it with integrity, transparency and respect.

If you have any other questions, or if you would like any more information on how to handle divorce sales, The Graff Girls are happy to speak to you in confidence.

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