She's on Vacation.... visiting her Mom So..... You May as well sell the house right?
The Matrimonial Home is treated as a distinct Asset under the Family Law Act. The Act says there is spousal equality that deals with the orderly and equitable disposition of spousal affairs after the marriage has broken down.
The FLA stipulates that the full value of the matrimonial home must be shared even if you received the house as an inheritance, owned the home prior to the marriage or received it as a gift.
So ... We may need to sit down and present the offer twice; once to each spouse. You could and should seek independent legal advice. (ILA) If your spouse refuses to sell; you may need to obtain a Court Order to force the sale.
When listing a property ALL registered owners need to sign the Listing Agreement, the Agreement of Purchase and Sale and subsequent related documents. If only one spouse is shown on title; we still need to obtain a Consent to the Sale, even if the property is not the matrimonial home.
Under the Family Law Act a spouses are "persons" who are married to each other. In Ontario this includes same sex couples where were married in a legal ceremony. Common Law Situations are a touch different and the spouse may be entitled to support payments and repayments for contributions to the property. Yup Get a Lawyer.
All of these articles can be found on http://e-laws.gov.on.ca
Need to sell or Want to sell? I am available at 647 218 2414 http://SellinginToronto.ca