Ontario Real Estate Licensing Exam Practice · Question
Raj and Priya are divorcing and own a condominium in Mississauga together. This was their matrimonial home. Priya wants to list the property for sale, but Raj refuses to sign the listing agreement. What is the legal implication related to listing the matrimonial home without the consent of both spouses?
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, which extends to act
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Question: Raj and Priya are divorcing and own a condominium in Mississauga together. This was their matrimonial home. Priya wants to list the property for sale, but Raj refuses to sign the listing agreement. What is the legal implication related to listing the matrimonial home without the consent of both spouses?
Answer options:
- Priya can list her half-interest in the property for sale. ✅ The listing agreement is invalid without the signature and consent of both Raj and Priya, as it is a matrimonial home.
- Failing to obtain Raj's consent will only impact the eventual closing, not the listing process.
- Priya can proceed with the listing, but the ultimate sale will require a court order.
Correct answer: The listing agreement is invalid without the signature and consent of both Raj and Priya, as it is a matrimonial home.
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, which extends to activities like entering into a listing agreement.
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