Is there any legal or financial constraint linking debt to the matrimonial home?
Ontario, Canada
The following excerpt is from Houston v. Houston, 2011 ONSC 5610 (CanLII):
Given the trial judge’s finding that the debt existed on the terms set out in the unsigned promissory note that was before the court, and given that a term of the debt was that it would become due in full in the event of the sale of the home, there can be no doubt that there was some legal or financial constraint linking the debt to the matrimonial home, as prescribed in Collier v. Torbar.
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