When a marriage ends, the house stops being a house and becomes the largest number in a negotiation. The work is to keep the sale clean, keep both sides informed identically, and get it done without the property becoming another thing to fight about.
I have handled these. What makes them go well is not cleverness – it is neutrality, written communication, and never being the person who tells one side something the other side does not know.
- One version of the factsEvery update goes to both sides and both lawyers at the same time, in writing.
- A defensible priceBacked by closed comparables, so neither side has to take the other’s word for the number.
- A sale that does not add to itShowings, offers and closing handled so neither of you has to be in the same room.
Start a confidential conversation
No obligation. If it turns out the timing is wrong, I will say so.
The rule that catches people out
In Ontario, the matrimonial home is treated differently from every other asset. Under the Family Law Act, a married spouse cannot sell or mortgage an interest in the matrimonial home without the other spouse joining in the transaction or consenting to it – and that holds even where only one of them is on title. A separation agreement or a court order can change that; nothing else does.
This applies to married spouses. Common-law partners are in a different position on the home entirely, which is one of several reasons the first call should be to a family lawyer rather than to me.
How I keep it neutral
Everything in writing, to both parties and both lawyers, at the same time. No conversation with one side about strategy that the other does not see. Offers presented to both simultaneously. Showings scheduled so neither of you has to be in the house at the same time as the other. Proceeds go to the lawyers to be held and distributed – never split by me at the table.
If either of you would rather have separate representation, say so. It is a legitimate choice and I will not argue with it.
Buyout instead of a sale
Where one of you wants to keep the house, everything turns on the value it is bought out at. That number usually needs to be defensible to two lawyers and sometimes to a court, which is a higher bar than a listing opinion. I will give you a documented opinion based on closed comparables, and tell you honestly when the situation calls for a formal appraisal instead.
Timing
Selling before the agreement is signed is possible and sometimes necessary, but it needs both consents and clear instructions on where the money goes. Selling after is simpler. What almost never works is one party listing quietly and hoping to sort out the rest later.
- What the house is worth right now
- What a sale would net
- Closed comparables for the building
- What I charge
- Book a call
Questions I get first
Not the matrimonial home, where you are married – the other spouse has to consent. Ask your family lawyer before you do anything, because this is the question that most often has to be undone afterwards.
Often yes, and many separating couples prefer one agent handling one property. It only works with full transparency, which is the standard I hold to anyway. If either of you is not comfortable, separate agents is the right answer.
Then this is a legal question, not a real estate one, and your lawyer is the person to ask about your options. I can give you the value in the meantime so you know what you are actually arguing about.
Not from me. Nothing about the reason for a sale goes into a listing, and I do not discuss it with buyers or their agents.