Ontario Real Estate Licensing Exam Practice · Question
Michael and Jennifer own a home in Burlington in joint tenancy, which serves as their matrimonial home. Michael wishes to sell the property without Jennifer's consent after a sudden disagreement. Under the Family Law Act, what is the legal standing of Michael's attempt to sell the home?
Under the Family Law Act, a spouse cannot dispose of or encumber an interest in a matrimonial home without the consent of the other spouse, regardless of who is
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Question: Michael and Jennifer own a home in Burlington in joint tenancy, which serves as their matrimonial home. Michael wishes to sell the property without Jennifer's consent after a sudden disagreement. Under the Family Law Act, what is the legal standing of Michael's attempt to sell the home?
Answer options:
- Michael can sell his interest in the home, but Jennifer retains her co-ownership. ✅ Michael cannot sell or encumber the matrimonial home without Jennifer's written consent, even if he is the sole registered owner.
- As joint tenants, Michael can sever the joint tenancy and sell his half without Jennifer's permission.
- Michael must obtain a court order to force the sale if Jennifer refuses to consent.
Correct answer: Michael cannot sell or encumber the matrimonial home without Jennifer's written consent, even if he is the sole registered owner.
Explanation: Under the Family Law Act, a spouse cannot dispose of or encumber an interest in a matrimonial home without the consent of the other spouse, regardless of who is on title.
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