Vendors and their agents should be careful when selling the matrimonial home to ensure that the valid and informed consent to the sale is obtained by both parties.
The Ontario Family Law Act mandates that spouses have identical rights to possess the matrimonial home. Meaning generally speaking, a valid sale of a matrimonial home requires consent from both spouses or a court order.
If both consents or a court order is not present during the sale, the court has shown it is willing to set aside the sale [Ontario Family Law Act, R.S.O. 1990, c. F.3, s. 21(2)], and when such happens, litigation can happen and damages asessed, better to protect yourself and hire a lawyer that will protect your interests and conduct the reasonable due dilligence checks.