When a Spouse Refuses to Sign: Paths to a Sale (Ontario)

Nothing feels more stuck than a sale held hostage by a missing signature. With a matrimonial home, Ontario law generally requires both spouses’ consent to sell or mortgage unless a court authorizes otherwise. So what do you do when one spouse digs in? The short answer is: you design a process that makes saying “yes” easier than continuing to block, and you prepare a clean legal path in case you need it.

Begin with structured negotiation, not text-message skirmishes. Invite your realtor to propose a short, written protocol: how price will be set using very recent comparables, what showing windows and notice will look like, and how offers will be circulated to both spouses at the same time with a one-page summary of price, deposit, conditions, inclusions, and closing date. Put it all in a single shared email thread so information lands equally and can be referenced later. People resist chaos; they engage with plans.

If that doesn’t unlock movement, try mediation with real timelines. A neutral mediator can separate the emotional “no” from practical concerns—fear of being rushed, uncertainty about where money will sit, or anxiety about where the children will live during the transition. Often, the solution is to hold proceeds in a lawyer’s trust account and to make possession dates crystal clear before the sign goes up. It’s easier to sign when you can see the safety nets.

When stalemate persists, talk to your lawyer about legal paths that may lead to a sale in appropriate circumstances. Courts consider whether one spouse is unreasonably withholding consent and will look for a practical plan that will make a sale orderly and fair. Preparation helps: have your documents ready—mortgage and line-of-credit statements, property-tax bills, insurance, renovation receipts, and a requested status certificate if it’s a condo. Draft a listing protocol you could adopt the day permission is granted. Judges don’t sell houses; they clear logjams. Show them exactly how you’ll proceed once the path is open.

In the meantime, stay market-focused. Keep the home presentable, maintain systems and insurance, and avoid actions that could be read as sabotage—refusing reasonable showings, removing light fixtures, or blocking photos. When an offer finally arrives, stick to the rules you set: circulate full documents simultaneously, summarize terms in writing, and approve counters before they go out. If you hit a genuine impasse, pause and seek advice rather than sending a split response that undermines credibility.

Stalemates burn time and money. The good news is that a calm, documented strategy often resolves them without a hearing. And if you do need a judge, the same strategy—equal information, evidence-based pricing, predictable access, and tidy documents—shows the court you’re ready to sell responsibly the moment permission is granted. Information only—Ontario-specific. Please obtain legal advice for your situation.