Our House Is in Both Names — Can My Spouse Sell His Half to Someone Else? Chinese-Speaking Toronto Divorce Lawyer Miao He

Not likely. The law does not forbid one joint owner from transferring a share. In years of practice, though, lawyers are very unwilling to help one co-owner change title without the other co-owner’s consent. Transfers like this produce disputes too easily, and the lawyer can be pulled in. Without your signature, a legitimate lawyer will not process it for him. A private agreement he signs behind your back still does not change the title registration.

A client came to consult me. She and her spouse owned houses in both names, half each. Someone on his side had been cooperating with him in moving assets around, and her greatest worry was this: could he quietly sell his half to that person behind her back?

The short answer: not likely. The law does not forbid it, but without your consent, lawyers will not help.

1. Without the Other Owner’s Consent, Lawyers Will Not Help One Side Transfer

The house is registered in both names. The law does not forbid one of you from transferring a share, but a transfer has to go through a lawyer. In years of practice, lawyers are very unwilling to help one co-owner change title without the other co-owner’s consent. Joint ownership sits on trust; transfers like this produce disputes too easily, and the lawyer can be pulled in. So a legitimate lawyer will not process it for him. The first door he would have to pass is you.

2. A Private Agreement to “Sell” His Half Can’t Change Title

He can sign a private agreement behind your back, purporting to sell his half to someone. It changes nothing. A private agreement binds only the people who signed it; it cannot alter the land registration — on title, the house still belongs to the two of you. The person who paid real money under that agreement has bought a piece of paper, not half a house. If he wants his money back, his claim is against the person who sold it to him — it doesn’t reach your house.

3. The Extreme Case: What If Someone Forges a Signature and Transfers the House?

In rare cases, someone does take that risk — arranging for a person to impersonate the spouse, sign, and transfer the house away. That transfer is illegal: the court will treat the transfer as invalid, and the title insurance purchased when the home was bought will compensate you for your loss. Even in the worst case, the value of your share can be recovered. You don’t need to live in fear of it.

For one more layer of protection, a lawyer can register a notice on the house: the property may not be dealt with without your consent. Registration takes effect immediately, anyone searching title will see it, and after that he is even less able to move the property.

FAQs

1. He “sold” his half to a friend, and the friend showed up with the agreement, saying he owns a share of the house. What do I do?

Tell him to search the title: the house is still registered in both spouses’ names. A private agreement can’t change the registration — his friend bought a piece of paper, not half a house. If the friend wants his money back, he claims it from the person who sold it to him. It has nothing to do with you.

2. Our title is joint tenancy, not set half-and-half shares. Is it the same?

Yes. Whether you hold the property as joint tenants or as tenants in common with stated shares, lawyers are unwilling to help one owner change title alone without the other owner’s consent. The law does not forbid it. A legitimate lawyer still will not do it.

3. I’m still uneasy. Is there anything I can do in advance?

Yes. Have a lawyer register a notice on the property stating it may not be dealt with without your consent. Registration takes effect right away, and any lawyer who searches title will see your name and the notice at once.

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