Encumbrance and Disposition


This practice note identifies the encumbrance and disposition of the matrimonial home, including restrictions on dealings with the matrimonial home and instances where the matrimonial home is sold after separation but prior to the resolution of issues between the parties. This practice note also provides guidance on actions taken to preserve the property, including the use of preservation orders, which are typically sought when there is concern that a spouse may dispose of the matrimonial home or dissipate the equity in the home, obtaining a certificate of pending litigation, which is an action taken to notify of an interest in land disputes, and using cautions, which is a type of action taken to notify others of a claim to or an interest in land. Also discussed is the procedure by which a unilateral transaction encumbering or disposing of the matrimonial home can be set aside.