Service Overview
Focused legal support for ila for a consenting spouse
A married spouse may have rights in a matrimonial home even when only the other spouse is registered as its owner. Under Ontario’s Family Law Act, both spouses have a right to possession of the matrimonial home. A sale or mortgage generally requires the other spouse to join in or consent to the transaction, unless a statutory exception applies. See sections 19 and 21 of the Family Law Act.
Independent Legal Advice, or ILA, helps a consenting spouse understand the proposed transaction and the documents before signing. A lender, title insurer, or transaction lawyer may require separate advice in the circumstances of the transaction.
Why independent legal advice matters
Consent to a sale or mortgage deserves careful review because the transaction may affect your ability to remain in the home and the interests you hold in it. Our advice explains the effect of the particular consent, including the possible consequences of mortgage enforcement if payments are not made.
We review whether you are signing only a spousal consent or also accepting separate obligations as a borrower or guarantor. The explanation is based on the actual documents and your circumstances, so you can understand the rights affected and any additional commitments before deciding to sign.
How our office can help
Our ILA process may include:
- Document review. Reviewing the consent, mortgage commitment, standard charge terms, agreement of purchase and sale, or other relevant documents provided by the transaction lawyer or lender.
- Explanation of your rights. Discussing your matrimonial home rights and the effect of consenting to the specific sale or financing arrangement.
- A private discussion. Meeting with you in person or virtually, as appropriate, to answer questions, assess your understanding, and confirm that your decision is voluntary.
- Certificate and coordination. Where appropriate, completing the required ILA certificate after the advice and signing process and sending it to the transaction lawyer or lender with your authorization.
Who may need this service
- Spouses asked to consent to refinancing or a new mortgage on a matrimonial home owned solely by their spouse.
- Spouses asked to consent to a second mortgage or home equity line of credit secured against the matrimonial home.
- Spouses asked to sign consent documents for the sale of a matrimonial home registered in the other spouse’s name.
Our office provides a clear explanation of the proposed consent and time to discuss your questions before you sign.