Zinati Kay - Real Estate Lawyers

Zinati Kay - Real Estate Lawyers Our focus is real estate and our fixed closing costs include all closing costs on most purchases.

Where Deals Break Down — Part 2: FinancingHi everyone,Welcome back to Three Bullet Thursdays from Zinati Kay – Real Esta...
05/21/2026

Where Deals Break Down — Part 2: Financing

Hi everyone,

Welcome back to Three Bullet Thursdays from Zinati Kay – Real Estate Lawyers.

Last week, we looked at the Agreement of Purchase and Sale.

Today, we turn to one of the most common reasons deals fail:

Financing.

Here are three things every buyer should understand.

A mortgage pre-approval is not a guarantee

Many buyers believe that pre-approval means financing is secured.

In reality, it is conditional.

Final approval depends on:

• the specific property
• updated financial information
• lender underwriting

Changes in any of these can affect approval.

Property-specific issues can affect financing

Even if a buyer qualifies, the property itself must meet lender criteria.

Problems can arise with:

• condominiums with financial concerns
• rural or unique properties
• appraisals coming in below purchase price

If the lender is not satisfied, financing may not proceed.

Last-minute changes can derail approval

Financing can be affected by changes right up to closing.

Examples include:

• changes in employment
• new debt or credit activity
• missed documentation

These issues often arise at the worst possible time and can cost the buyer heavy losses.

Bottom line

Financing risk does not end when a condition is waived.

It continues right up to closing.

Careful planning and communication with lenders can help reduce the risk of last-minute surprises.

Dig Deeper:

https://storeys.com/blanket-appraisals-questionable-practice-experts/

https://canliiconnects.org/fr/commentaires/67901

As always, we are happy to assist in coordinating with your team to keep transactions on track.

Wishing you a great week ahead.

Warm regards,

Warm regards,
John Zinati, B.A., L.L.B.

ZINATI KAY
Barristers & Solicitors
100 Cowdray Court, Suite 320,
Toronto, Ontario, Canada M1S 5C8
Tel: 416 321 8766 Fax: 416 321 8267
Conveniently at Kennedy Road & the 401
& @ Cityplace near Skydome
www.zinatikay.com

[email protected]

Fixed Closing Costs - $999
Click here for a link to the location map for our Scarborough office.

This is not intended and should not be relied on as legal advice. For specific questions or situations, please feel free to call John Zinati for assistance.

We are a Real Estate Law Firm in Toronto offering fixed closing costs on your property purchase, sale or mortgage. Call 416-321-8766

Real Estate Transactions Series Where Deals Break Down — Part 1: The Agreement of Purchase and Sale Hi everyone,Welcome ...
05/13/2026

Real Estate Transactions Series


Where Deals Break Down — Part 1: The Agreement of Purchase and Sale


Hi everyone,

Welcome back to Three Bullet Thursdays from Zinati Kay – Real Estate Lawyers.

We are starting a new short series:

Real Estate Transactions — Where Deals Break Down

Over the next few weeks, we will walk through the most common points where real estate deals encounter risk, delay, or failure — and what can be done to avoid them.

We begin at the very start of the transaction.

The Agreement of Purchase and Sale.

Here are three things every buyer and seller should understand.

The agreement is binding — even if details are unclear

Once signed, the Agreement of Purchase and Sale is a legally binding contract.

If key terms are vague or incomplete, that does not make the agreement flexible — it can make it risky.

Common problem areas include:

• unclear inclusions and exclusions
• poorly drafted conditions
• missing timelines

Ambiguity at this stage often leads to disputes later.

Conditions must be properly drafted and carefully managed

Financing and inspection conditions are often treated as routine — but they are critical.

Issues arise when:

• conditions are waived too quickly
• deadlines are missed
• wording is unclear or overly broad

If a condition is not properly satisfied or waived, the deal may not proceed.

Changes after signing are not always simple

Once an agreement is signed, changes require mutual consent.

If one party refuses:

• the deal may stall
• disputes may arise
• closing may be jeopardized

From a legal perspective, it is far easier to get the agreement right at the outset than to fix it later.

Dig deeper

OREA — Agreement of Purchase and Sale overview
https://www.orea.com

Ontario Government — Buying and selling a home
https://www.ontario.ca/page/what-know-before-buying-homeBottom line

Many real estate problems begin at the contract stage.

A well-drafted agreement reduces risk. A rushed or unclear agreement can create it.

As always, we are happy to assist in reviewing and advising before issues arise.

Wishing you a great week ahead.

Warm regards,

Warm regards,


John Zinati, B.A., L.L.B.

ZINATI KAY
Barristers & Solicitors
100 Cowdray Court, Suite 320,
Toronto, Ontario, Canada M1S 5C8
Tel: 416 321 8766 Fax: 416 321 8267
Conveniently at Kennedy Road & the 401
& @ Cityplace near Skydome
www.zinatikay.com

[email protected]

Fixed Closing Costs - $999
Click here for a link to the location map for our Scarborough office.

This is not intended and should not be relied on as legal advice. For specific questions or situations, please feel free to call John Zinati for assistance.

We are a Real Estate Law Firm in Toronto offering fixed closing costs on your property purchase, sale or mortgage. Call 416-321-8766

Three Bullet Thursdays -Zinati Kay – Real Estate LawyersThe most practical real estate law newsletter in Ontario.Hi ever...
05/07/2026

Three Bullet Thursdays -Zinati Kay – Real Estate Lawyers

The most practical real estate law newsletter in Ontario.

Hi everyone,

Welcome back to Three Bullet Thursdays, part of our Family Law & Real Estate series, from Zinati Kay – Real Estate Lawyers.

This is the final instalment in our series exploring how family law and real estate intersect in Ontario.

Over the past several weeks, we’ve looked at how ownership, title, relationships, and legal rights interact — often in ways that are not obvious at the outset.

To close the series, here are five of the most common mistakes we see — and how to avoid them.

Assuming title tells the whole story

Ownership is not always limited to what appears on title.

Trust claims and beneficial ownership can significantly change legal outcomes.

Failing to document family contributions

Whether funds are intended as a gift or a loan matters — and unclear intentions can lead to disputes.

Ignoring spousal rights

Matrimonial home rules can override ownership and restrict the ability to sell, refinance, or deal with property.

Structuring ownership without considering long-term consequences

Decisions about joint tenancy, tenancy in common, and ownership shares can affect separation outcomes, estate distribution, and tax consequences.

Waiting too long to involve legal advice

Many issues arise when a transaction is already underway or a dispute has begun.

At that point, options may be limited and risks higher.

Bottom line:

Real estate is often a family’s most significant asset — but it does not exist in isolation.

Legal rights, relationships, and financial realities are closely connected.

Understanding these issues early can prevent disputes, delays, and unintended outcomes.

We regularly see these issues arise at the worst possible time — when a deal is already in motion or a conflict has begun.

If you know someone buying, selling, refinancing, or dealing with a separation or family property issue, a timely introduction can make a meaningful difference.

As always, we are happy to assist.


Looking ahead


Next week, we will be starting a new short series focused on:

Real Estate Transactions — Where Deals Break Down


We will walk through the most common points where transactions encounter risk, delay, or failure — and what can be done to avoid them.


Wishing you a great week ahead.


Warm regards,

John Zinati, B.A., L.L.B.

ZINATI KAY
Barristers & Solicitors
100 Cowdray Court, Suite 320,
Toronto, Ontario, Canada M1S 5C8
Tel: 416 321 8766 Fax: 416 321 8267
Conveniently at Kennedy Road & the 401
& @ Cityplace near Skydome
www.zinatikay.com

[email protected]

Fixed Closing Costs - $999
Click here for a link to the location map for our Scarborough office.

This is not intended and should not be relied on as legal advice. For specific questions or situations, please feel free to call John Zinati for assistance.

We are a Real Estate Law Firm in Toronto offering fixed closing costs on your property purchase, sale or mortgage. Call 416-321-8766

Three Bullet Thursdays -Zinati Kay – Real Estate LawyersThe most practical real estate law newsletter in Ontario.Family ...
04/29/2026

Three Bullet Thursdays -Zinati Kay – Real Estate Lawyers

The most practical real estate law newsletter in Ontario.

Family Law & Real Estate Series

Parents Helping Children Buy Homes — Gift or Ownership?

Hi everyone,

Welcome back to Three Bullet Thursdays, part of our Family Law & Real Estate series, from Zinati Kay – Real Estate Lawyers.

As a valued past client or partner, you'll continue to receive our weekly newsletter — your fast track to essential Ontario real estate law updates.

After briefly stepping away to address recent mortgage developments, we are now returning to our series.

This is the second last instalment.

Today, we focus on a situation we see more and more often in Ontario:

Parents helping children purchase real estate.

What seems like a simple and generous arrangement can carry significant legal and financial consequences.

Here are three things every family should understand.

Being on title for mortgage purposes can create real ownership and tax consequences

Parents are often added to title to help a child qualify for financing.

From a lender’s perspective, this may solve a qualification issue.

But legally and financially, being on title is not just a formality.

It may:

• give the parent a registered ownership interest
• expose the property to the parent’s creditors
• create tax and estate implications
• reduce or eliminate first-time homebuyer benefits

For example:

If a parent who is not a first-time homebuyer is added to title with a 50% interest, the available Ontario land transfer tax rebate for first-time buyers (up to $8,475) may be reduced proportionately — potentially cutting the benefit in half.

Even where the intention is “just to help,” the consequences can be significant.

The law may presume the parent did not intend a gift

Where a parent contributes funds toward a property, or is placed on title, the law may apply what is known as a resulting trust.

In simple terms:

There may be a presumption that the parent did not intend to gift the funds or their interest — unless there is clear evidence to the contrary.

The Supreme Court of Canada addressed this in Pecore v. Pecore, a leading case in this area.

This means that, in a dispute, the outcome may depend heavily on how well the original intention was documented.

Separation can pull parents into unexpected disputes

One of the most overlooked risks arises when the child later separates from a spouse or partner.

At that point:

• the ownership structure may be scrutinized
• the parent’s interest may be questioned
• the property may become part of broader family litigation

What was intended as a simple arrangement can become legally complex — and, in some cases, contentious.

Dig deeper

Supreme Court of Canada — Pecore v. Pecore, 2007 SCC 17
https://www.canlii.org/en/ca/scc/doc/2007/2007scc17/2007scc17.html

Ontario Government — Land Transfer Tax Refund for First-Time Homebuyers
https://www.ontario.ca/document/land-transfer-tax/land-transfer-tax-refunds-first-time-homebuyers

Ontario Government — Family property overview
https://www.ontario.ca/page/dividing-property-when-marriage-or-common-law-relationship-ends

Bottom line

Helping a child purchase a home is common — but it should never be treated as a purely informal arrangement.

Title, contributions, tax implications, and intentions all matter.

Without proper structuring and documentation, families can face unintended legal and financial consequences later.

As always, we are happy to assist in structuring these arrangements to reflect your intentions and protect all parties involved.

Wishing you a great week ahead.

Warm regards,
John Zinati, B.A., L.L.B.

ZINATI KAY
Barristers & Solicitors
100 Cowdray Court, Suite 320,
Toronto, Ontario, Canada M1S 5C8
Tel: 416 321 8766 Fax: 416 321 8267
Conveniently at Kennedy Road & the 401
& @ Cityplace near Skydome
www.zinatikay.com

[email protected]

Fixed Closing Costs - $999
Click here for a link to the location map for our Scarborough office.

This is not intended and should not be relied on as legal advice. For specific questions or situations, please feel free to call John Zinati for assistance.

We are a Real Estate Law Firm in Toronto offering fixed closing costs on your property purchase, sale or mortgage. Call 416-321-8766

Three Bullet Thursdays -Zinati Kay – Real Estate LawyersThe most practical real estate law newsletter in Ontario.Family ...
04/22/2026

Three Bullet Thursdays -Zinati Kay – Real Estate Lawyers

The most practical real estate law newsletter in Ontario.

Family Law & Real Estate Series

Separation and Mortgage Liability — Why Leaving the House Doesn’t Remove Your Debt

Hi everyone,

Welcome back to Three Bullet Thursdays, part of our Family Law & Real Estate series, from Zinati Kay – Real Estate Lawyers.

As a valued past client or partner, you'll continue to receive our weekly newsletter — your fast track to essential Ontario real estate law updates.

Today’s topic is one of the most misunderstood — and financially risky.

Many separating spouses believe that once they leave the home, their obligations end.

They don’t.

Here are three things every homeowner, separating spouse, and real estate professional should understand:

1. Moving out does not remove you from the mortgage

When one spouse moves out, nothing changes from the lender’s perspective.

If your name is on the mortgage:

• you remain fully liable
• your credit is at risk
• missed payments affect you directly

Even if one party agrees to make the payments, the lender can pursue both borrowers.

Leaving the house does not mean leaving the debt.

2. Lenders are not bound by separation agreements

A separation agreement may say one party keeps the home and pays the mortgage.

But the lender is not a party to that agreement — and can pursue either borrower for the full amount owing.

This becomes a real issue when:

• one party relies on the other to pay
• payments fall behind
• refinancing is delayed or never completed

In most properly drafted separation agreements involving a buyout, the party keeping the home is required to obtain a release of the existing mortgage or discharge it as part of the buyout.

Real estate lawyers handling the transfer will typically ensure this is addressed — often by undertaking or actual discharge — so the transferring party is no longer responsible.

Where the property is sold, this issue resolves automatically, as the mortgage is paid out on closing.

3.Refinancing or selling is often the only way to remove liability

In practical terms, there are only two ways off a mortgage:

• refinance into one party’s name (if they qualify)
• sell the property and pay out the mortgage

Until one of these happens, liability usually continues.

The risk often lies in the gap between signing a separation agreement and completing the refinance or sale.

Dig deeper

Can a lender ignore your separation agreement? Yes. RBC v. Samson Management confirms lenders are not bound by agreements they didn't sign.

Royal Bank of Canada v. Samson Management & Solutions Ltd., 2013 ONCA 313
https://canliiconnects.org/en/cases/2013onca313

What happens to your rights during the "limbo" gap? > Hansen Estate v. Hansen highlights how legally vulnerable spouses are before a buyout or sale is finalized. The Ontario Court of Appeal ruled that the mere act of negotiating a separation can alter how you legally hold title to your property. But here is the catch: while your property rights can shift mid-negotiation, your mortgage liability to the bank is frozen in place until a formal discharge or refinance is completed.

Hansen Estate v. Hansen, 2012 ONCA 112
https://www.canlii.org/en/on/onca/doc/2012/2012onca112/2012onca112.html

Bottom line

Separation changes your living situation — not your obligations to the bank.

If your name is on the mortgage, you remain legally responsible.

The goal should always be certainty and closure:

• address refinancing early
• include firm timelines in agreements
• ensure the mortgage is formally dealt with on any buyout

Are you or your clients navigating a separation involving real estate? As always, feel free to reach out let us know if we might be of help with this or any other matter.

Wishing you a great week ahead.

Warm regards,

John Zinati, B.A., L.L.B.

ZINATI KAY
Barristers & Solicitors
100 Cowdray Court, Suite 320,
Toronto, Ontario, Canada M1S 5C8
Tel: 416 321 8766 Fax: 416 321 8267
Conveniently at Kennedy Road & the 401
& @ Cityplace near Skydome
www.zinatikay.com

[email protected]

Fixed Closing Costs - $999
Click here for a link to the location map for our Scarborough office.

This is not intended and should not be relied on as legal advice. For specific questions or situations, please feel free to call John Zinati for assistance.

We are a Real Estate Law Firm in Toronto offering fixed closing costs on your property purchase, sale or mortgage. Call 416-321-8766

Three Bullet Thursdays Zinati Kay – Real Estate Lawyers The most practical real estate law newsletter in Ontario.Mortgag...
04/16/2026

Three Bullet Thursdays Zinati Kay – Real Estate Lawyers The most practical real estate law newsletter in Ontario.

Mortgage Defaults Are Rising — What You Need to Know Now

Hi everyone,

Welcome back to Three Bullet Thursdays from Zinati Kay – Real Estate Lawyers.

This week, we are briefly pausing our Family Law & Real Estate series to address a developing issue making headlines.

Canada’s banking regulator, the Office of the Superintendent of Financial Institutions, has identified mortgage risk as the number one threat to the financial system, with defaults expected to rise over the next two years.

With higher interest rates, a large number of upcoming renewals, and increasing financial pressure on households, many homeowners may soon face difficult decisions.

If you or someone you know is concerned about keeping up with mortgage payments, here are three practical things to understand.

Do not ignore the problem — early action creates options

If mortgage payments become difficult, the most important step is to act early.

Lenders are often more willing to work with borrowers before a default escalates.

Possible options may include:

• requesting a temporary deferral
• extending the amortization period
• restructuring payment terms

However, these options are not guaranteed and typically require communication and cooperation with the lender.

Waiting too long can limit flexibility and increase the risk of enforcement proceedings.

Understand the realistic options — and their limits

If maintaining payments is not feasible, there are still practical paths to consider:

• selling the property before enforcement action begins
• refinancing or adding a co-borrower, if qualification is possible
• obtaining short-term private financing to stabilize the situation

Each option comes with risks, costs, and timing considerations.

For example, private mortgages can provide breathing room — but often at significantly higher interest rates and with additional fees.

In many cases, an early, controlled sale will preserve more equity than a forced sale under power of sale proceedings.

Mortgage debt does not disappear — even after the property is sold

A critical point that is often misunderstood:

In Canada, mortgage default does not automatically eliminate the borrower’s debt.

If a property is sold under power of sale and the proceeds are insufficient to cover the mortgage, the borrower may still be responsible for the shortfall.

This is very different from some U.S. jurisdictions, where lenders may be limited to recovering only the property.

In Ontario, lenders can pursue a deficiency judgment for any remaining balance.

This makes early planning and informed decision-making especially important.

Dig deeper

Office of the Superintendent of Financial Institutions — Annual Risk Outlook
https://www.osfi-bsif.gc.ca

Government of Canada — Managing debt and borrowing
https://www.canada.ca/en/services/finance/debt.html

https://www.canada.ca/en/financial-consumer-agency/services/rights-responsibilities/rights-mortgages/financial-difficulties.html

Bottom line

Rising mortgage pressure is not just a headline — it is a developing reality for many homeowners.

The earlier the issue is addressed, the more options are available.

Once enforcement begins, those options narrow quickly.

If you are facing potential mortgage difficulty, understanding your position early can make a significant difference in the outcome.

As always, we are happy to assist with real estate matters involving refinancing, sales, title, and lender-related issues.

Wishing you a great week ahead.

Warm regards,
John Zinati, B.A., L.L.B.

ZINATI KAY
Barristers & Solicitors
100 Cowdray Court, Suite 320,
Toronto, Ontario, Canada M1S 5C8
Tel: 416 321 8766 Fax: 416 321 8267
Conveniently at Kennedy Road & the 401
& @ Cityplace near Skydome
www.zinatikay.com

[email protected]

Fixed Closing Costs - $999
Click here for a link to the location map for our Scarborough office.

This is not intended and should not be relied on as legal advice. For specific questions or situations, please feel free to call John Zinati for assistance.

We are a Real Estate Law Firm in Toronto offering fixed closing costs on your property purchase, sale or mortgage. Call 416-321-8766

Three Bullet Thursdays Zinati Kay – Real Estate Lawyers The most practical real estate law newsletter in Ontario.Family ...
04/08/2026

Three Bullet Thursdays Zinati Kay – Real Estate Lawyers The most practical real estate law newsletter in Ontario.
Family Law & Real Estate Series

Who Really Owns the Property? Title Isn’t Always the Answer

Hi everyone,

Welcome back to Three Bullet Thursdays, part of our Family Law & Real Estate series, from Zinati Kay – Real Estate Lawyers.

As a valued past client or partner, you'll continue to receive our weekly newsletter — your fast track to essential Ontario real estate law updates.

Over the past few weeks, we’ve focused on how family law can affect real estate — even overriding what appears on title.

Today, we take that one step further.

Because in Ontario, title does not always tell the full story.

Here are three things every homeowner, buyer, and real estate professional should understand.

Being on title does not always mean you are the true owner

Many people assume that whoever is on title owns the property.

In most cases, that is true — but not always.

Courts can recognize what is called “beneficial ownership,” which may differ from registered title.

This often arises in situations involving:

• parents and children
• spouses or partners
• informal family arrangements

In these cases, the person on title may be holding the property, in whole or in part, for someone else.

The law may presume a trust in certain family situations

Where one person contributes money toward a property but another person is on title, the law may impose what is known as a resulting trust.

In simple terms, this can mean:

The person who contributed the funds may have a legal interest in the property — even if they are not on title.

These claims often arise in:

• parent-funded down payments
• joint purchases with unequal contributions
• separation or estate disputes

The analysis is fact-specific and can significantly affect ownership outcomes.

These issues often surface at the worst possible time

Disputes over beneficial ownership rarely arise when things are going well.

They tend to surface:

• during a sale
• during a separation
• after a death

At that point, the stakes are high and positions are often entrenched.

From a real estate perspective, these disputes can delay or derail transactions entirely.

Dig deeper

Pecore v. Pecore, 2007 SCC 17
https://www.canlii.org/en/ca/scc/doc/2007/2007scc17/2007scc17.html

Kerr v. Baranow, 2011 SCC 10
https://www.canlii.org/en/ca/scc/doc/2011/2011scc10/2011scc10.html

Bottom line

Title is critical — but it is not always the full picture.

Where money, family relationships, and property intersect, legal ownership can become more complex than it appears.

Here are some practical ways professionals and clients document intentions to avoid disputes.

Bare Trust Agreements / Declarations of Trust: Used when a parent co-signs a mortgage and goes on title for financing purposes only, explicitly stating they hold a 0% beneficial interest.

Promissory Notes & Registered Mortgages: If a parent is funding a down payment and expects to be paid back (protecting the money from a child's future ex-spouse), the funds could be secured with a formal, registered secondary mortgage or a clear promissory note, not a handshake.

Cohabitation Agreements: For unmarried partners buying a home with unequal contributions, an agreement dictates exactly what happens to the equity upon a sale or separation, bypassing the need for Kerr v. Baranow litigation.

Addressing these issues early, and documenting intentions clearly, can prevent serious disputes later.

As always, we are happy to assist where ownership, title, and family relationships intersect.

Wishing you a great week ahead.

Warm regards,
John Zinati, B.A., L.L.B.

ZINATI KAY
Barristers & Solicitors
100 Cowdray Court, Suite 320,
Toronto, Ontario, Canada M1S 5C8
Tel: 416 321 8766 Fax: 416 321 8267
Conveniently at Kennedy Road & the 401
& @ Cityplace near Skydome
www.zinatikay.com

[email protected]

Fixed Closing Costs - $999
Click here for a link to the location map for our Scarborough office.

This is not intended and should not be relied on as legal advice. For specific questions or situations, please feel free to call John Zinati for assistance.

We are a Real Estate Law Firm in Toronto offering fixed closing costs on your property purchase, sale or mortgage. Call 416-321-8766

Three Bullet Thursdays Zinati Kay – Real Estate Lawyers The most practical real estate law newsletter in Ontario.Family ...
04/01/2026

Three Bullet Thursdays Zinati Kay – Real Estate Lawyers The most practical real estate law newsletter in Ontario.
Family Law & Real Estate Series

Can Your Spouse Stop You From Selling Your House?

Hi everyone,

Welcome back to Three Bullet Thursdays, part of our Family Law & Real Estate series, from Zinati Kay – Real Estate Lawyers.

Last week, we briefly stepped away from this series to cover the Province of Ontario’s HST rebate announcement.

Before that, we introduced the matrimonial home rule — and how a spouse can have rights in a property even if they are not on title.

Today, we take the next step — and move from theory to real transaction risk.

Can your spouse actually stop you from selling your house?

In Ontario, the answer is often yes.

Here are three things every homeowner, buyer, and real estate professional should understand.

You generally cannot sell a matrimonial home without your spouse’s consent

Under section 21 of Ontario’s Family Law Act, a spouse cannot sell, mortgage, or otherwise dispose of a matrimonial home unless the other spouse consents.

This applies even if only one spouse is on title.

In practical terms, this means a real estate lawyer will typically require:

• confirmation of marital status
• a spouse’s written consent
• or confirmation that the property is not a matrimonial home

Without that consent, the transaction may not proceed.

This is one of the most common reasons a deal can be delayed late in the process.

An unauthorized sale can create serious legal consequences

If a matrimonial home is sold without the required consent, the non-consenting spouse may have legal remedies.

A court may:

• set aside the transaction in certain circumstances
• award compensation to the affected spouse
• impose other equitable remedies

While outcomes depend on the facts, the principle is clear:

One spouse should not be able to unilaterally dispose of the family home.

For buyers and real estate professionals, this is why confirming spousal status is not just a formality — it is essential due diligence.

Separation agreements often determine whether a sale can proceed

In many situations, spouses address the matrimonial home in a separation agreement.

That agreement may provide that:

• the home will be sold and proceeds divided
• one spouse will buy out the other
• one spouse will remain in the home temporarily

Once a spouse has validly released their interest, the other spouse may be able to sell the property without further consent.

In practice, these agreements often form the legal foundation that allows a future sale to proceed smoothly.

Dig deeper

Ontario Family Law Act — Matrimonial Home provisions
https://www.ontario.ca/laws/statute/90f03

CanLII — Family Law Act (R.S.O. 1990, c. F.3)
https://www.canlii.org/en/on/laws/stat/rso-1990-c-f3/latest/rso-1990-c-f3.html

Ontario Government — Dividing property when relationships end
https://www.ontario.ca/page/dividing-property-when-marriage-or-common-law-relationship-ends

Bottom line

Even if you are the sole registered owner of a home, family law may restrict your ability to sell it.

These issues often arise late in a transaction — when timelines are tight and the cost of delay is highest.

Understanding and addressing spousal rights early can be the difference between a smooth closing and a failed deal.

As always, we are happy to assist where real estate transactions intersect with family law, title, and ownership issues.

Wishing you a great week ahead.

Warm regards,
John Zinati, B.A., L.L.B.

ZINATI KAY
Barristers & Solicitors
100 Cowdray Court, Suite 320,
Toronto, Ontario, Canada M1S 5C8
Tel: 416 321 8766 Fax: 416 321 8267
Conveniently at Kennedy Road & the 401
& @ Cityplace near Skydome
www.zinatikay.com

[email protected]

Fixed Closing Costs - $999
Click here for a link to the location map for our Scarborough office.

This is not intended and should not be relied on as legal advice. For specific questions or situations, please feel free to call John Zinati for assistance.

We are a Real Estate Law Firm in Toronto offering fixed closing costs on your property purchase, sale or mortgage. Call 416-321-8766

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100 Cowdray Court, Unit 320
Toronto, ON
M1S5C8

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