Ontario Divorce Real Estate Guide | Keith & Françoise
Updated: January 2026
Quick Answer
Divorce affects how a home is owned, valued, sold, or transferred in Ontario. This guide explains what happens to the matrimonial home, your options during separation, and how to plan next steps clearly and practically.
Start Here
If you’re separating or divorcing and real estate is involved, start with the sections below. Each link focuses on a specific decision point so you can move forward with clarity.
- Unsure what happens to the home? What Happens to Your Home in a Divorce in Ontario
- Expecting to sell? Selling the Matrimonial Home
- Need an accurate value? Divorce Home Appraisals
- Preparing the home for market? Marketing Your Home During Divorce
- Planning your next purchase? Buying a Home After Divorce in Ontario
Divorce and real estate in Ontario
For many separating couples, the home is the largest shared asset and the most complex part of the divorce process. Decisions around the property often affect timing, affordability, and long-term financial stability.
What is considered the matrimonial home?
In Ontario, the matrimonial home is any property spouses ordinarily occupied as their family residence at the time of separation. This applies regardless of who is listed on title.
Both spouses generally have equal rights of possession until a separation agreement or court order states otherwise. Ownership and possession are treated differently under Ontario family law.
What usually happens to the home during divorce?
Most separating couples fall into one of the following outcomes:
- The home is sold and proceeds are divided
- One spouse buys out the other
- The sale is delayed temporarily by agreement or court order
Common outcomes for the matrimonial home
| Option | When It Happens | Key Consideration |
|---|---|---|
| Sell the home | Neither spouse can afford to keep it | Pricing, timing, cooperation |
| Buyout by one spouse | One spouse qualifies to refinance | Mortgage approval and valuation |
| Delayed sale | Children or timing considerations | Clear written timelines |
Why appraisals matter in divorce
Accurate valuation is critical during separation. Appraisals help establish fair market value for equalization, refinancing, and legal negotiations.
Appraisal vs opinion of value
| Type | Purpose | When Used |
|---|---|---|
| Formal appraisal | Legal valuation | Court, equalization, refinancing |
| Opinion of value | Market guidance | Planning, listing preparation |
Selling versus buying out
| Scenario | Sell the Home | Buy Out a Spouse |
|---|---|---|
| Affordability | Neither spouse can carry the mortgage | One spouse qualifies independently |
| Timing | Sale timeline required | Refinancing timeline required |
| Complexity | Market conditions matter | Legal and lending approval critical |
Buying after divorce
Many people purchase again after separation. Financing, affordability, and timing often change following divorce.
Understanding the standard buying process alongside divorce-specific considerations helps avoid delays and surprises.
Start with the First-Time Home Buyer Guide Ontario if you’re planning your next purchase.
Working with the right professionals
Divorce-related real estate should be handled with structure and neutrality. Experienced professionals help keep decisions practical and the process moving forward.
Need clarity during a separation?
If real estate is part of your separation or divorce, we can help you understand your options and plan next steps with care and structure.
Book a Confidential Consultation