Independent legal advice for a purchasers partner

What do you need to know?

Each spouse in a legally married couple is automatically entitled to one-half of their partner's interest in the value of the matrimonial home, whether their name appears on title or not. In the event that a spouse’s name does not appear on title, and their partner is purchasing, selling, or mortgaging the matrimonial home, it is important for the spouse to be consulted and to provide their approval to the transaction. Independent legal advice means that the spouse consults with a separate lawyer, who reviews the documents, advises on the risks and obligations involved with the transaction, and then witnesses the spouse's signature if they choose to provide their consent. If a spouse does not obtain independent legal advice and provide their consent, it could open up the opportunity for future legal dispute.

Even if this is the purchase, sale, or mortgage of a non-matrimonial home, it is still a good idea to have a purchaser's spouse seek out independent legal advice if they will not be on title. This will benefit both the property purchaser(s) and the spouse as the spouse will be properly informed about the impact the transaction will have on them, and the purchaser(s) will be protected against any future legal claim related to the property transaction the spouse could bring forward.

Why does it matter to Ownright?

Ownright requires that a purchaser’s partner obtain independent legal advice for any property transaction involving the matrimonial home, where the partner will or will not be on title. For properties other than the matrimonial home, it is highly recommended that any partner not on title get their own independent legal advice. This is to avoid any suggestion that the spouse was coerced into completing a transaction they did not fully understand. As we represent those being listed on title, we want to avoid any potential for a conflict of interest that might arise in a situation where one partner is listed on title and the other is not.