This section applies to legally married couples and not to couples in common law agreements. Along and the short of it is that if both spouses are on title to the property [i.e. they are both registered owners in either property (usually as Tenants Joints or even Tenants In Common), then you will need BOTH to sign the list agreement, the representation contract, the offers between, all other necessary brokerage documents/modifications, and finally the agreed purchase and sale agreement and its modifications. As long as this is the case, the two final documents that you should ask your lawyer to establish when signing the list agreement are first an irrevocable instruction to the lawyer (assuming he/she will be the one who will conclude the agreement) on the distribution of the proceeds of the sale and on the fact that he/she will be the final lawyer. This ensures that both spouses cooperate and do not hold each other hostage on the eve of closure and threaten not to close, unless a spouse gets what they want from the agreement. It also ensures that the lawyer who has this direction will be able to use it because he/she will finalize the agreement. Second, and at the same time ask the lawyer to also conceive and provide an explanation that both spouses will provide free possession on the day of closing before 16:00. This will help the scenario in which a spouse is difficult, but knows he must go and not until the last minute. Thus, the lawyers involved can declare the agreement at least after 16:00 before 17:00 hours as completed.
At least when one spouse suspects that, regardless of the documents signed at the property list, the other spouse will not be cooperative, that spouse may order the lawyer to act with a prompt request in court under the Sellers and Buyers Act or in the Family Court to obtain an order based on the contracts and documents signed to enforce the closure and seek the investigation. If a party obtains a mortgage without the spouse`s consent, the spouse may eventually ask the court to set aside the mortgage transaction. Where the party asserts that the spousal agreement is not necessary, the party must demonstrate that the property is not a matrimonial home by making a statement verifying that: a) he or she is not a spouse at the time of the order or charge; (b) the person is a spouse who is not separated from his or her spouse and that the property is not normally inhabited by the spouses as a family residence; (c) the person is a separated spouse and, at the time of their separation, the property was not occupied by the spouses as a family residence; (d) the designation of a property other than marriage by both spouses is registered and not annulled; (e) the other spouse released all the rights of that party through a separation agreement.