Selling Your Home During Separation or Divorce
A neutral process for a difficult decision
When a couple separates, the home is usually the biggest shared asset and the most emotional one. My job is to be fair to both of you: one price, one strategy, and the same information to both parties at the same time.
What to know first
- In Ontario, a married spouse generally cannot sell or mortgage the matrimonial home without the other spouse’s consent, even if only one name is on title, unless a separation agreement or court order allows it.
- Both married spouses have an equal right to live in the matrimonial home until there is an agreement or order.
- These rules are different for common-law couples. Get advice from a family lawyer before you list.
How I keep it fair
1One market analysis, shared with both of you.
Both spouses, and both lawyers if you like, see the same comparable sales and the same recommended price.
2Equal communication.
Offers, feedback and updates go to both parties at the same time, in writing.
3Options beyond selling.
If one of you wants to keep the home, an independent valuation helps set a fair buyout price.
4A calm, discreet sale.
Showings are scheduled around both of you, and nothing about your situation appears in the listing.
Questions people ask
Can my spouse sell the house without my permission in Ontario?
Under section 21 of Ontario’s Family Law Act, a married spouse cannot sell or mortgage the matrimonial home without the other spouse’s consent, unless a separation agreement or court order allows it. Speak with a family lawyer about your situation.
Should we sell the house or should one of us buy the other out?
It depends on affordability and what each person wants. A neutral market valuation from Sandeep Pawar gives both sides the same number to work from either way.
Can one agent represent both of us?
Yes. When you sell together, you are both the seller. Sandeep Pawar communicates with both spouses equally and in writing.
Selling, buying, or just thinking about it?
A free, no-pressure conversation about where you are, where you want to be, and the smartest way to get there. Calls returned the same day, seven days a week.
Sandeep Pawar, Broker · RE/MAX Gold Realty Inc., Brokerage · 2720 North Park Drive, Suite 201, Brampton, ON L6S 0E9 · All offices