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Law.Hut
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we are getting divorced and my husbands name is XXXXX XXXXX the

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we are getting divorced and my husbands name is XXXXX XXXXX the title. can i sell and give him his half even if he does not want to sell
Hello:

What province are you in?
Customer: replied 3 years ago.
Ontario
Then no, you cannot sell the family home without either consent of your husband or a court order. Regarding the family home, despite that your name is XXXXX XXXXX title both of you have an equal right to stay in your home unless a judge decides that one of you must move out.

Since both of you have a right to stay in your home, you cannot sublet it, rent it, sell it or mortgage it without the other’s permission.
Customer: replied 3 years ago.

there is a settelment. and he has been out of the house for almost a year now. does this change anything


 

It depends on the terms of the settlement. If you have a signed ageeement in which your husband releases all rights to the home that he may have under the law, then you can sell. Otherwise, you would need his consent or a court order.

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