A Certificate of Pending Litigation (CPL) is a powerful legal notice registered directly on the title of an Ontario property. As of June 2026, getting a CPL requires a court order and effectively freezes the home, preventing your ex-spouse from selling or refinancing it without your consent or further direction from a judge.
The matrimonial home is often the cornerstone of a separating couple’s wealth. If both spouses are registered on the title, you are generally safe-one person cannot sell the house without the other’s notarized signature. However, a major crisis arises if the home is legally registered solely in your ex-spouse’s name. They might maliciously attempt to sell the property or take out a massive second mortgage to drain the equity before your divorce is finalized.
To stop this, Ontario family law provides a powerful legal shield: the Certificate of Pending Litigation (CPL). 🔒 By placing a CPL on the property’s title, you alert every real estate agent, buyer, and bank in Canada that the home is the subject of an active family court dispute. No reasonable buyer will touch a house with a CPL, effectively freezing the asset until your property division is resolved. This guide walks you through the steps of urgently securing your home.
Step-by-Step Process for Securing a CPL in Ontario
Whether the house is in Mississauga, Vaughan, or Barrie, securing a CPL involves urgent action at the Superior Court of Justice followed by registration at the local Land Registry Office. Time is of the essence if you suspect an imminent sale, which is why hiring a family lawyer immediately is highly recommended.
Step 1: Identifying the Risk
The first step is confirming that you actually have a valid legal claim to the property. 🔍 If you are legally married, you have an automatic right to claim a share of the matrimonial home’s value under the Family Law Act, even if you are not on the title. Common-law partners must rely on a “trust claim” (such as a constructive trust) to prove they financially contributed to the property’s value.
Step 2: Filing an Urgent Motion
Your lawyer will draft an urgent Motion, sometimes ex parte (meaning without giving notice to your spouse, so they cannot rush a sale before the hearing). You must swear a Form 14A Affidavit stating your belief that your spouse intends to dispose of the property to defeat your equalization rights.
Step 3: Obtaining the Court Order
Only a judge can grant a CPL. You cannot simply walk into a registry office and place one yourself. 📄 The judge at the Superior Court of Justice will review your evidence. If they agree that your claim is legitimate and there is a real risk of the asset being hidden or sold, they will sign an order directing the local Land Registrar to issue the Certificate of Pending Litigation.
Step 4: Registering the CPL on Title
Once the court order is signed, your law firm or a specialized title searcher will electronically register the CPL on the property’s parcel register through the Ontario Teraview system. From that minute onward, the property is locked. Any bank pulling a title search for a new mortgage will immediately deny the application.
Step 5: Removing or Discharging the CPL
A CPL is not permanent. It remains on title until the family law case is resolved. 🤝 Once you and your spouse sign a final Separation Agreement and the equalization payment is settled, your lawyer will file a Consent Order to formally discharge the CPL, allowing the property to be sold or refinanced freely by whoever retains it.
How Much Does it Cost in Ontario?
Securing a CPL is an emergency litigation step, meaning legal fees can accumulate quickly due to the urgency.
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Urgent Court Motion Filing Fee | $127 – $160 |
| Teraview Title Search & Registration | $80 – $150 |
| Lawyer Fees (Drafting & Court Appearance) | $2,000 – $4,500 |
| Lawyer Fees (Discharging CPL later) | $500 – $1,000 |
How Long Does the Process Take?
If there is an imminent threat-for example, you wake up to find a “For Sale” sign on your lawn-your lawyer can bring an emergency motion and have a CPL registered on the title within 24 to 48 hours. Under normal circumstances, scheduling a standard motion to obtain a CPL might take 2 to 4 weeks depending on court availability.
Frequently Asked Questions (FAQ)
Can I put a CPL on a house if we are just common-law?
Yes, but it is much harder. Because common-law partners do not have automatic property rights under the Family Law Act, you must prove to the judge that you have a strong “constructive trust” claim (e.g., you paid the mortgage or did major renovations) before they will grant a CPL.
Will a CPL stop a bank foreclosure?
No. A Certificate of Pending Litigation only protects your interest against your spouse. It does not stop a bank from executing a Power of Sale if your spouse has stopped paying the mortgage. The bank’s prior registered mortgage takes priority over your family law claim.
Can my ex-spouse get the CPL removed?
Yes. If your ex-spouse can prove to the judge that your CPL is frivolous, or if they pay a large sum of money into court as “security” to cover your eventual equalization payment, the judge can order the CPL to be discharged.
Do I need a CPL if my name is on the deed?
Generally, no. If you are registered as a joint tenant or a tenant-in-common, your spouse cannot legally sell or refinance the entire property without your notarized signature. The CPL is primarily used when only one spouse is on the title.
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