In Ontario, a Certificate of Pending Litigation (CPL) freezes a property’s title, legally preventing your ex-partner from selling or remortgaging the matrimonial home during a divorce. You must apply through the Superior Court of Justice, and the standard court filing fees total approximately $320 CAD, though legal representation is highly recommended.
Separating from a partner is incredibly stressful, but the panic reaches a new level if you suspect they are secretly trying to sell the family home. In Ontario, if the matrimonial home is registered solely in your ex-partner’s name, they might attempt to quickly offload the property or take out a massive line of credit against it before your divorce is finalized. A Certificate of Pending Litigation (CPL) is a powerful legal tool designed to freeze the real estate, ensuring that the property remains untouched until your family law dispute is completely resolved.
By registering a CPL, a formal warning is placed directly on the property’s public title. 🚨 Any potential buyer or bank looking to provide a mortgage will immediately see that the property is the subject of ongoing litigation, making it virtually impossible for your ex to complete a transaction. Securing a CPL requires navigating the strict rules of the Superior Court of Justice, so connecting with an experienced Ontario family law firm from our directory is the best way to safeguard your financial future.
Step-by-Step Process for Obtaining a CPL in Ontario Family Court
Getting a CPL is not automatic; you must prove to a judge that you have a valid legal claim to the property itself. Whether you live in Toronto, Mississauga, or Ottawa, the process follows these strict family court rules.
Step 1: Commencing the Family Law Application
Before you can ask for a CPL, there must be an active lawsuit. You or your lawyer must file a formal Application (Form 8) at your local Superior Court of Justice. In this application, you must explicitly claim an ownership interest in the specific property, such as claiming a constructive trust or stating it is the matrimonial home under the Family Law Act.
Step 2: Drafting the Motion for a CPL
Once the application is active, your lawyer will draft a Notice of Motion (Form 14). 📝 This document formally asks the judge for the specific order to issue the CPL. In urgent cases where there is immediate proof that your ex is actively listing the house with a realtor today, this motion can sometimes be brought “ex parte” (without notifying the other side first) to prevent them from rushing a sale.
Step 3: Filing the Affidavit Evidence
The judge needs solid proof before freezing someone’s real estate. You must swear an Affidavit (Form 14A), detailing your exact connection to the property. You must outline how much money you contributed to the mortgage, whether it is the matrimonial home where your family lived, and why you believe the property is at risk of being dissipated by your ex-partner.
Step 4: The Court Hearing and Order
Your lawyer will attend the motion hearing at the Superior Court of Justice. 👨⚖️ If the judge is satisfied that there is a “triable issue” regarding your interest in the land, they will sign a formal court order directing the issuance of the Certificate of Pending Litigation.
Step 5: Registering the CPL on Title
The court order alone does not freeze the house. Your law firm must take the court-issued CPL and officially register it with the provincial Land Registry Office against the specific PIN (Property Identification Number) of the house. Once registered, the title is officially frozen.
How Much Does it Cost in Ontario?
Securing a CPL involves court filing fees, land registry fees, and professional legal representation. Here is what you can generally expect to pay as of May 2026.
| Requirement | Estimated Cost (CAD) | Details |
|---|---|---|
| Filing the Application (Form 8) | $220 CAD | The mandatory fee paid to the Superior Court of Justice to start the family law case. |
| Filing the Notice of Motion | $127 CAD | The court fee to file the specific motion requesting the judge to issue the CPL. |
| Land Registry Fee | ~$80 CAD | The administrative fee to formally register the document on the property’s title. |
| Lawyer Fees | $2,500 to $5,000+ | Law firm hourly rates to draft complex affidavits and argue the motion before a judge. |
While the legal fees are an investment, they are heavily outweighed by the risk of losing half the equity in a million-dollar Ontario home.
How Long Does the Process Take?
If there is an active emergency-such as your ex signing a listing agreement today-an urgent, without-notice motion can often be heard by a judge within 1 to 3 days. If the situation is not an immediate emergency, a standard motion with notice to your ex typically takes 3 to 6 weeks to be scheduled and heard in an Ontario family court.
Frequently Asked Questions (FAQ)
Can I get a CPL just to secure my spousal support payments?
Generally, no. A CPL is not a collection tool for general debts or spousal support arrears. You must claim an actual legal or equitable interest in the land itself (like a resulting trust or claiming it as the matrimonial home) to qualify for a CPL.
What happens if I register a CPL out of spite?
If a judge determines you registered a CPL maliciously or without any legal grounds just to ruin your ex’s home sale, you can be sued for damages. You may be forced to pay your ex for their financial losses and their legal fees.
Does a CPL stop my ex from living in the house?
No. A Certificate of Pending Litigation only restricts the transfer or encumbrance of the title (selling or remortgaging). It does not grant exclusive possession or force anyone to move out. You need a separate order for exclusive possession.
Will the bank still renew the mortgage if there is a CPL?
Most standard mortgage renewals with the existing lender will proceed. However, the homeowner will not be able to switch lenders, refinance, or pull out extra equity while the CPL is actively registered on title.
Do I still need a CPL if both our names are on the deed?
If you are joint tenants on the deed, your ex cannot legally sell the property without your signature anyway. A CPL is primarily used when the property is solely in the other spouse’s name, but they are trying to bypass your marital rights.
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