Understanding if you or a co-owner is legally married

What do you need to know?

A marriage is a formal and legally binding union between two people. For marriages in Ontario, a marriage licence is issued once two people have agreed to the union, have presented the necessary government ID's, and paid the necessary fee to get the licence. A marriage must be ended in formal proceedings through application to the government. This is important to know as a marriage is still legally binding, even if the spouse’s have separated. If an individual has been issued a marriage license, their spouse is still alive, and they have not legally ended the marriage, they are still married through the eyes of the law.

Spouses do not necessarily need to divorce before they can manage assets independently. In many cases, spouses may sign a separation agreement which releases each spouse’s interests in the other spouse’s property. This situation would have to be acknowledged in any title transfers or mortgage registrations involving either of the separated spouses.

Why does it matter to Ownright?

For a purchase, we need to determine who is going on the title of the property and how legal advice should be provided. If a purchaser's spouse is not going to be on title, they will need to solicit independent advice regarding the transaction.

For a sale, we need to determine who is currently on title and how legal advice should be provided. If a seller's spouse is not on title, they will need to solicit independent legal advice regarding the transaction.