How To Sell Your House During A Divorce
Becoming separated and getting divorced is painful enough without having to worry about selling the matrimonial home. In this blog “How to Sell Your House During A Divorce” we’d like to address some of the misconceptions and urban myths surrounding the process. Nearly half of all married couples in Toronto will get divorced or legally separated. Having to dispose of or resolve the family home during this period adds to the emotional strain that is commonly associated with the transition. It is always in everyones best interest to have professional Real Estate Agents handle the sale of the house.
First, let me begin by reassuring you that I have gone through the process. I can safely say that was not in the lucky few who have managed to negotiate these waters unscathed. Hindsight is 20/20 though and I have made it my personal mission to ensure that our clients who find themselves in these circumstances do not make the same common mistakes which can end up costing everyone time and money. Selling the family home is a tricky enough business transaction without the added stress of everything else. (It always gets better, remember that 🙂 )
Secondly, this is not about the wider financial aspect to a divorce. That is another topic altogether. This is about selling the matrimonial home.
Divorce proceedings are provincially mandated in Canada. The provinces differ between themselves. Toronto falls under Ontario legislation.
What are the common Questions?
The things that people commonly ask are typically questions like these:
- In a divorce who gets the house?
- What are divorce laws in Ontario?
- What is the Canadian Divorce Act
- What is the Matrimonial Property Act of Ontario?
Thankfully the internet has a wealth of material available now that deals with the nuts and bolts of property division as part of divorce proceedings. Despite this there is still a tendency for people to rely on anecdotal information, most of which is untrue. There is nothing worse than seeing somebody make choices or decisions based on what a friend had told them about something that happened to someone else. We always advise getting legal representation from a lawyer and professional advice from experienced REALTORS who know what they’re talking about.
What is the Matrimonial Home?
The matrimonial or family home is the property that is designated as the primary residence of the family or married couple. It is not the family cottage or the rental investment. It is subject to different tax laws and is conferred special status under the Family Law Act. Usually the spouses on title are “Joint Tenants” for inheritance purposes.
Can my ex spouse force me to sell our house?
No. One side cannot compel the other side to sell the matrimonial property. This is primarily to protect the weaker parties, especially children if the primary residence is sold from under them.
Can my spouse sell our house without my permission?
No. Believe me, we have seen this often enough. One spouse goes away on holiday and the next day the house is on the Toronto MLS. It’s illegal.
What happens if we never got officially married?
This is a common law relationship, the terms of which differ from province to province. In Ontario it must be three years of continuous cohabitation. If you’re not on title to the matrimonial home you may not benefit from the sale of the house. In other words, don’t pay for a thing unless you’re on title! I will write a separate post about this topic soon.
If you have any questions feel free to call or message us. You are under no obligation and we treat every call with the utmost in client confidentiality
Separation and divorce are expensive transitions. As REALTORS we are duty bound to act in the best interests of both our sellers. Sometimes one spouse may not see it like that and either reject our involvement or use us to gain an advantage over the other. We will never take sides. Similarly, although we both have extensive experience with the process we cannot offer legal advice. Common sense would dictate though that everybody benefits by keeping clear heads and staying out of court as much as possible. You will never see money evaporate as quickly as it does once lawyers get involved.
We pride ourselves on integrity and confidentiality. Any conversations stay in the room. We don’t judge, we don’t comment and we don’t talk. The only thing we do is get your property sold for as much money as we can get on the day with a minimum of hassle and grief. Read our post about how much it costs to sell a house in Toronto.
How to pick a real estate agent to sell your home
Canadian divorce statistics show that the rate has evened out at about 40% of all marriages. That’s almost half of all marriages ending in divorce. It’s a fact of life now and doesn’t carry the stigma it once did.