Humber/Ontario Real Estate Course 1 Exam Practice

Sinclair has a common-law partner and they have lived together in a home since 2015. Given these facts:

1. The home that they regularly occupy is considered a matrimonial home.

2. Sinclair can sell the home without the common-law partner's explicit consent.

3. Sinclair cannot sell the home unless the common-law partner agrees, due to cohabitation for over three years.

4. The home they occupy jointly is automatically deemed a common-law home.

5. Sinclair must appoint a legal guardian for property decisions due to common-law status.

6. Sinclair and the partner must both sign any listing agreement for the property.

The correct answer is: Sinclair can sell the home without the common-law partner's explicit consent.

In this scenario, the correct answer is B. Sinclair can sell the home without the common-law partner's explicit consent because the property in this case is not a matrimonial home, as the couple is in a common-law relationship, which does not have the same legal implications as a formal marriage. The fact that they have lived together in the home since 2015 does not automatically make it a matrimonial home but rather a property that both individuals have been cohabitating in. Option A is incorrect because the home occupied by a common-law couple is not automatically considered a matrimonial home. Option C is incorrect as Sinclair can sell the home without the common-law partner's agreement in this scenario. Option D is incorrect because the term "common-law home" is not a standard legal term; it is the status of the relationship between the couple that determines their rights regarding the property. Option E is incorrect as appointing a legal guardian for property decisions is not a requirement based solely on common-law relationship status. Option F is also incorrect as Sinclair, as the sole owner of the property, can sell it without the common-law partner's approval.