Tuesday, October 27, 2009

Matrimonial Separations and selling Real Estate for residential transactions

The information below was forwarded to me and I thought you may find it of interest.
Thank you,

When acting for separating spouses on the sale of a matrimonial home where only one of the spouses is on title be sure to confirm the status of the marriage before the agreement is executed.

In the event the spouses have been living separately before the agreement, and a formally executed Separation Agreement is not in place, the consenting spouse (i.e. the non-titled spouse) must sign the consent clause. This is because he/she still retains a right in the property as it was a matrimonial home.

By ensuring that the spouse signs consent you potentially eliminate contention or backlash from unresolved family law matters to the real estate transaction.

Generally speaking always remember to ask if your client has a spouse who will be consenting to the agreement as supposedly “happy” families have been known to contend a sale on the grounds of non-execution of the consent clause.

The OREA form of Agreement of Purchase and Sale contains the Family Law Act Warranty. Once you become aware that consent is required remember to have the Spousal Consent section at the end of the agreement executed by the spouse before an eligible witness.

I hope this finds you Happy and Healthy!

All the Best!


A. Mark Argentino
P. Eng. Broker
Specializing in Residential & Investment Real Estate

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