Humber/Ontario Real Estate Course 3 Exam Practice

What occurs if a matrimonial home closes without spousal consent?

1. The closure is not impacted

2. The sale may be invalid

3. A fine is imposed

4. The mortgage rate increases

5. It leads to foreclosure

6. The buyer assumes the existing loan

The correct answer is: The sale may be invalid

The sale of a matrimonial home requiring spousal consent is a legal safeguard in many jurisdictions, including Ontario. If a matrimonial home is sold or closed without the consent of both spouses, the sale may be deemed invalid. This is because, in the context of family law, both spouses typically have equal rights to the matrimonial home. When a property is classified as a matrimonial home, it often involves certain protections designed to prevent one spouse from unilaterally deciding on the sale of the home, which could adversely affect the financial stability or rights of the other spouse. If consent is not obtained, it can undermine the legal validity of the transaction, leading to significant legal complications. Thus, the assertion that the sale may be invalid captures the essence of how the legal framework surrounding matrimonial homes is designed to protect the rights of both parties involved.