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April 20th, 2024


Should You Sell Your Home During a Divorce?

Dealing with a divorce is already a difficult process. Even if you and your spouse are on amicable terms, there are a lot of heavy emotions involved – not to mention the legal and financial factors. Add a home sale on top of all that and things can get overwhelming in a hurry. 

That said, with the right knowledge and support, you can get through the real estate steps of your divorce with as minimal hassle as possible. 

In this blog post, we’ll look at how the rights to your home are divided between spouses, what your options are for selling, and how you can reduce the stresses of selling regardless of which option you choose. 

The Matrimonial Home

First things first. If you’re going through a divorce and deciding what to do with your home, it’s important to understand that both you and your spouse have equal hold over it – even if one of you is not on title. 

When you get married, you and your spouse will naturally share certain belongings. While this is typically an informal understanding, some of your larger assets (like your home) will be designated as shared property from a legal standpoint. 

Under Ontario law, both spouses have equal rights and ownership over their home regardless of who covered the most mortgage payments or even if one partner owned the home before you got together. As a shared asset, the property is known as the Matrimonial Home. 

Wish to know more about how you can accomplish a high-ROI home sale – in any circumstance? Explore these other blogs and pages from our site. 

What Are Your Options?

If you’re unsure what the best plan of action will be for your home, it’s helpful to know what your options are. While it’s great that you have a few different choices, you and your spouse will need to be in agreement about which option will be the most practical and suitable for your family. 

Keeping the Home: Partner Buyout

One of the most common paths following a divorce is a partner buyout. This is exactly what it sounds like, one partner (either you or your spouse) buys out the other’s share of the home –  giving them complete ownership. For a lot of couples who are in the process of separation or divorce, this option is the most practical – especially when there are kids involved. 

That said, there’s a lot to consider when approaching this type of transition – both before and after the divorce is finalized. Looking long term, whoever keeps the home will need to be able to afford it. This includes the remaining mortgage (which is usually re-financed) as well as ongoing expenses like insurance, utilities, and maintenance. 

Accounting For Equity

One of the unique factors to account for during a partner buyout is equity. Because your home has likely appreciated in value since the time you bought it, both parties will need to agree on a buyout price that reflects the current market. 

As you might imagine, coming to a mutual agreement on this isn’t always easy – especially if you’re unsure how to accurately assess the home’s value. However, by working with a trustworthy, unbiased real estate agent, you and your spouse can come together on an informed decision that respects the interests of both parties. 

Selling Together

If neither you nor your spouse want to keep the home, selling it together and splitting the proceeds may be the best option. This route provides a clean break and allows each partner to start the next chapter of their lives with a strong return in their pocket. 

While this process can be pretty straightforward, there will once again be a lot of key details you’ll need to see eye to eye on such as which agent you work with, your selling price, the timeline of the sale, and who will handle the workload that can come with selling. 

Creating a ‘Nightmare Clause’

Oftentimes people who are experiencing a divorce don’t consider who will get the house ready for sale. Who’s going to pack up, clean, empty out the garage and attic, organize the basement, and put down a fresh coat of paint? Selling is a lot of work and deciding who does what isn’t always easy – especially if there’s animosity. When the love is gone, neither party may want to do the work for the other. In instances like this, having a contingency in place that outlines each party’s responsibilities can allow for conflict to be resolved in a timely manner.

How to Simplify Your Divorce Sale

Deciphering the real estate elements of your divorce can be stressful, especially when your emotions are already running high. However, by working with a full-service real estate team that directly specializes in divorce sales, you can minimize the stresses of selling so you can focus your time and energy wherever else it’s needed. That’s where we come in – Mutch Property Group.  

With more than half a century of combined of experience, we’ve helped countless clients sell their homes while navigating a divorce. As a result, we’re uniquely familiar with the emotional, practical, and legal intricacies involved in these types of sales. 

Along with our white-glove, full-service approach, we’re impartial and professional partners who can provide thoughtful and empathetic guidance that never favours or prioritizes one spouse over the other. As a trustworthy and neutral third party, we work right down the middle. You have our guarantee that we’ll represent everyone equally. 

Searching for a full-service real estate team to manage your home sale? Call us at 416-903-3695 or send us an email at