Why does my spouse need independent legal advice?

Each spouse in a legally married couple is automatically entitled to one-half of their spouse’s interest in the value of the matrimonial home, whether their name appears on title or not. In the event that your spouse’s name does not appear on title, and you are selling or mortgaging the matrimonial home, it is important for your spouse to be consulted and to provide their approval to the transaction. Ownright will generally recommend your spouse obtain independent legal advice in these circumstances to avoid any suggestion that your spouse was coerced into completing a transaction they did not fully understand. Independent legal advice means that your spouse consults with a separate lawyer, who reviews the documents, advises your spouse as to the risks and obligations involved with the transaction, and then witnesses their signature if they choose to provide their consent.