If You’re Not on Title: What Are Your Rights? (Ontario)

Finding out you’re not on title during a separation can feel like the ground moved under your feet. You may have poured years of money and work into the home—mortgage payments, renovations, property taxes—only to learn your name isn’t on the deed. In Ontario, what happens next depends on whether you’re married or common-law and, just as importantly, how quickly you turn a stressful situation into a calm, documented plan. If you’re married, the residence you lived in together is often the “matrimonial home,” which carries special protections: even if only one spouse is on title, selling or mortgaging usually requires the other spouse’s consent or a court order. That rule exists to prevent unilateral decisions at a sensitive moment and to keep the process fair. If you’re common-law, there isn’t the same automatic protection. Your position typically comes from whose name is on title and what you can show you contributed—cash, labour, or agreements you made together. Either way, you are not powerless; you just need the right structure.

Start with evidence, not argument. Collect a paper trail that shows your connection to the property: bank statements reflecting mortgage and tax payments, e-transfer histories for utility or insurance contributions, receipts for renovations and materials, and any written agreements, even informal ones, that speak to how the home was managed. Put dates beside everything and keep the tone factual. This isn’t about “winning” a point; it’s about giving professionals—your realtor, your lawyers, and eventually the buyer’s team—confidence that decisions can be made on facts rather than memories.

Next, choose a neutral, process-driven way forward. If one of you wants to stay, a buy-out can work, but only when it’s anchored to a realistic appraisal (or two) and a written timeline for financing approval, title transfer, and move-out. The moment timelines get fuzzy, stress creeps back in. If you’ll be listing the home, adopt a simple protocol you both sign off on: one shared email thread so updates arrive at the same time, showing windows that respect work and family routines, pricing grounded in very recent comparable sales and active competition, and a clear plan for how offers will be circulated and summarized so neither of you is playing catch-up. Buyers read the quality of your process long before they see your signatures.

Access is where many couples stumble, especially when only one name is on title. You don’t need to settle every legal issue to sell well, but you do need clarity about keys, privacy, and photography. Agree on what can be photographed, what must be stored away, and who confirms bookings. If emotions are high, schedule showings when neither of you is home and let the agent handle access via lockbox. The calmer the experience you create for buyers, the more credible your listing becomes—and the less room there is for last-minute drama that hurts your price.

If there are unresolved claims about who is owed what, don’t let that stop you from accepting the right offer. It is common in Ontario for sale proceeds to be held in a lawyer’s trust account at closing and released later under an agreement or court direction. Buyers don’t need your internal details; they need to know there’s a professional plan that protects closing. With that in place, you can let the market do what it does best: value your home on its merits.

The biggest mistake when you’re not on title is acting from panic or assuming you have no say. The market rewards predictability—clean presentation, current pricing, and consistent access. The law rewards documentation—who paid what, when, and why. Put structure and evidence on your side, and you’ll replace fear with a path that leads to a fair result and a clean next chapter. Information only—Ontario-specific. Please obtain legal advice for your situation.