The House Is Only in His Name — Can I Register It as the Matrimonial Home to Stop Him From Secretly Mortgaging It? Mississauga Chinese-Speaking Divorce Lawyer: Yes, Once Registered He Can't Touch It

The house is only in his name, the relationship is breaking down — are you afraid he’ll secretly mortgage it, or even sell it behind your back? Many ask me: can I “register” it as the matrimonial home so he can’t touch it?

Bottom line: yes. It’s called designation of a matrimonial home. And the procedure is remarkably simple — no lawsuit, no court order. A lawyer can handle it.

Are matrimonial-home status and designation the same thing?

No. Two concepts people mix up.

First, matrimonial home status is automatic. A home the family lives in during the marriage is a matrimonial home by law (s.18), no matter which spouse is on title. No paperwork, no registration — automatic.

Second, designation is an active protective step under s.20. One spouse alone can designate — no need for the other’s agreement or signature.

Status is given by law; designation is something you go and do. Most people know the first, not the second — and the second is what matters.

Does designation require going to court?

No. See a lawyer. The lawyer prepares a designation in the prescribed form and registers it at the land registry office. Two steps.

No court appearance, no judge, no cooperation from the other side, no waiting for a court order. Once registered, it’s on title for the world — banks and buyers included — to see: this is a matrimonial home, and touching it requires the spouse’s signature.

Once registered, can he still secretly mortgage it?

No. Section 21 is clear: no spouse shall dispose of or encumber an interest in a matrimonial home without the other spouse’s consent.

He wants to sell: he needs your signature. No signature, no sale. He wants to mortgage it: the bank sees the registration and says no. Without your signature, no loan. Private lenders: one title search shows it’s a matrimonial home — few will dare lend against it.

“But can’t an unauthorized deal be set aside?” Yes — s.21(2) allows that. But that’s a lawsuit after the fact. Once the money is borrowed and spent, unwinding it costs time and money, and recovery isn’t guaranteed. Designation means the money never gets borrowed in the first place.

Does designation mean the house is mine?

No. Registered or not, title stays in his name. Ownership doesn’t change. Designation is a lock against unilateral dealing — not an award of the house to you.

How the house is ultimately divided still follows the law: sell it, split the proceeds, equalization. Designation is about “don’t let him touch it before division.” Division is a separate matter.

When should I designate?

Relationship breaking down, separation negotiations underway, signs of asset-shifting — the earlier the better. It’s a low-cost step, but wait too long and you’re stuck suing after the money is gone.

One line: not being on title doesn’t mean you’re powerless. Designation is the lock the law left for you.

Worried the other side will move on the house? The earlier you designate, the safer. Book an initial consultation (30 minutes, $220+HST). Call 647-930-6688.

This article is general legal information, not legal advice, and does not create a lawyer-client relationship.