Joel DyckReal Broker SK Ltd.
Saskatoon · From the topic map

Do both spouses have to agree to sell the home?

In Saskatchewan, both spouses generally have to agree to sell the family home, regardless of whose name is on the title, because The Homesteads Act, 1989 specifically protects the family home from being sold or mortgaged by one spouse without the other's written consent.

This protection applies even when only one spouse's name appears on the property, which surprises people who assume the name on title controls the decision. The Homesteads Act exists precisely to prevent that assumption from being tested.

Outside of a family home specifically, other jointly held property is generally governed by The Family Property Act, and disagreement over selling any of it can end up in front of the Court of King's Bench if the spouses cannot resolve it themselves.

A lawyer can confirm in one conversation which protections apply to a specific property before anyone signs a listing agreement. Get your hand-reviewed valuation from Joel Dyck.

Get your hand-reviewed valuation from Joel Dyck.

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