Our Process
A Structured Approach for Unstructured Situations
Every engagement follows a structured framework designed to bring clarity, protect privacy, and deliver results in high-stakes property situations.
Do both spouses have to agree to sell the house?
Generally, yes — if both names are on the title, both must sign the listing agreement and any accepted offer. If one spouse refuses to sell, the other can apply to the court for an order authorizing the sale. Ontario courts have the authority to order the sale of a matrimonial home even over one party’s objection. This is one of the reasons working with a realtor who understands the legal framework matters.
Can we sell the house before our divorce is finalized?
Yes. You do not need a finalized divorce to sell the matrimonial home. Many couples sell during the separation period, before a divorce order is granted. What you do need is either a signed separation agreement that addresses the property or both parties’ written consent to proceed. Your lawyer should be involved before anything is listed.
What is a spousal buyout and how does it work?
A spousal buyout is when one spouse purchases the other’s share of the home, allowing one party to keep the property. The buying spouse must qualify for a new mortgage in their own name — this is where many buyouts stall. The process involves a formal transfer of title, a property appraisal to establish fair market value, and the payout of the departing spouse’s equity share. A real estate lawyer handles the title transfer at closing.
What happens to the mortgage when we separate?
The mortgage doesn’t automatically change when you separate. Both names remain on it until the property is sold or one spouse refinances in their own name as part of a buyout. If your ex stops contributing to mortgage payments, your credit is still at risk. It’s important to address the mortgage explicitly in your separation agreement and to move quickly if a buyout is the intended outcome.
How is the home's value determined during a divorce?
Most commonly through a formal appraisal by a licensed appraiser, or through a comparative market analysis (CMA) prepared by a realtor. In contested situations, each party may obtain its own appraisal — if the values differ significantly, a third independent appraisal is sometimes ordered. The valuation date can also matter: some separation agreements specify that equity is calculated as of the separation date, not the sale date.
Do I have to move out before the house can be sold?
No. The home can be listed and sold while occupied. In fact, an occupied, well-presented home often sells better than a vacant one. What matters is agreeing on showing access, maintaining the property, and ensuring both parties cooperate with the listing process. If one spouse has already moved out, the occupied spouse typically has responsibility for maintaining the home’s condition during the listing period.
Can a judge force us to sell the house?
Yes. Under the Ontario Family Law Act and the Courts of Justice Act, a court can order the sale of a matrimonial home if the spouses cannot agree. The court can also appoint a specific real estate agent, set listing terms, and determine how proceeds are distributed. Getting to this point is costly and slow — most situations are better resolved through negotiation, mediation, or a consent order before litigation.
How long does it take to sell a house during a divorce?
The real estate process itself — listing, offers, closing — typically takes 60 to 90 days in the GTA, depending on the market. What adds time in divorce situations is reaching agreement before listing: on price, on the agent, on repairs, and on how proceeds will be split. Having clear legal agreements in place before listing dramatically speeds up the process and reduces the risk of the deal falling apart mid-transaction.
What if my spouse and I can't agree on anything related to the house?
This is more common than you might think. Options include: negotiation through your respective lawyers, mediation with a neutral third party, a consent order through the court, or, ultimately, a court application for a sale order. A realtor experienced in divorce situations can also help by providing neutral, documented market information that removes some of the subjectivity from pricing and timing decisions.
Do I need my own realtor, or can we use the same one?
In most divorce situations, both parties can work with the same realtor — provided both are comfortable with that arrangement and the realtor is experienced in managing the dynamics involved. The realtor’s job is to represent the property and the transaction, not to take sides. If there is significant conflict, having separate legal representation while sharing a realtor is a common and workable approach. What matters most is that your realtor is neutral, experienced, and that communication is handled clearly.
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