Humber/Ontario Real Estate Course 1 Exam Practice

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Under the Family Law Act, when is spousal consent NOT required for a matrimonial home?

  1. Constructing an attached garage

  2. Unauthorized sale agreement of the home

  3. Listing the home with a representation agreement

  4. Registering a mortgage against the home

  5. Granting a lease for the property

  6. Renovating the existing structure

The correct answer is: Constructing an attached garage

Spousal consent is not required for certain actions involving a matrimonial home under the Family Law Act. One such action is during the process of constructing an attached garage. In this scenario, the decision to make improvements or alterations to the existing property, such as adding an attached garage, is typically considered part of the management and use of the property. Thus, individual spousal consent is not necessary for this type of enhancement. Other actions, like unauthorized sale agreements, registering a mortgage, or granting a lease, generally involve the transfer of rights or financial responsibilities, which do require the consent of both spouses. Listing the home with a representation agreement and renovating the existing structure can also bring about significant changes to the property’s status or value, which is why spousal consent is typically needed. In summary, constructing an attached garage stands out as an action where spousal consent is not mandated, as it pertains more to personal use and minor enhancements rather than legal transactions affecting ownership or financial obligations.