Ontario Divorce Real Estate Guide | Keith & Françoise -

Real estate plays a major role in separation and divorce. Whether you’re selling the matrimonial home, buying a new place, or unsure what comes next, the decisions you make now will shape the next chapter of your life.

Keith and I have both been through divorce. We’ve experienced the hard conversations, legal steps, and real estate logistics that come with starting over. This guide was created not just as real estate professionals, but as individuals who have lived through it ourselves.

In this guide, we cover what we’ve found to be most important for our clients across Ontario. From deciding whether to sell, to navigating the legal and financial logistics, to starting over in a new community, our aim is to help you take the next step with clarity and confidence

Timeline: Real Estate Decisions During Divorce in Ontario

Understanding where you are in the process can make decisions feel more manageable. Here’s a high-level timeline that shows what typically happens when real estate is involved in a separation or divorce.

💬 Let’s Talk About What Works for You

Whether you’re ready to sell or just exploring options, we’re here to help confidentially, and without pressure. Contact Keith & Françoise

Step One | Selling the Matrimonial Home

Selling the family home is often the most significant financial decision after separation. It also carries emotional weight and can lead to tension if not handled carefully.

What You May Not Realize About Selling a Home During Divorce

Most online guides stop at legal and financial basics. In reality, divorce-related home sales come with added pressure behind the scenes. Here are a few things clients often don’t realize until they’re in the middle of it:

Both parties must agree on repairs, price changes, and staging, which can delay the listing
One spouse may be uncooperative during showings or refuse to vacate the property
Tension between spouses can deter buyers or affect negotiations
If only one spouse is on title but both live in the home, court intervention may be required

We’ve worked with clients in exactly these situations. In one case, a couple disagreed on the list price. After providing market data and outlining a strategy that included a pricing review window, we received two offers within a week. The structure helped ease their tension and move the deal forward.

Key Questions to Discuss Early:

Who will live in the home during the sale?
How will staging and showings be arranged?
Will both parties sign the listing agreement?

Agreeing on these questions helps avoid delays and miscommunication. Learn more about what’s involved in selling a home during divorce in Ontario.

Legal and Financial Considerations:

Both spouses must agree to sell and accept the terms
Proceeds from the sale are often held in trust until the divorce is finalized
A lawyer who understands both family and real estate law can simplify the process
Review mortgage penalties, liens, and debts tied to the property

Ontario Government Resource: Dividing Property After Separation

Tip: Prepare for legal meetings in advance. Every phone call, document review, or clarification adds to your legal bill. Being organized helps control costs.

How We Support You:

Pricing the home based on current market conditions
Managing showings and offers professionally
Acting as a neutral third party between spouses
Coordinating with lawyers, financial professionals, and stagers

Checklist: Preparing to Sell

Speak with a lawyer who handles both family and real estate law
Agree on a listing timeline and access arrangements
Decide who pays for any needed repairs or staging
Remove personal or sentimental items from the home
Review mortgage payout and penalties
Consult your accountant about possible capital gains tax

For a deeper look at how property value is assessed fairly, see our article on home appraisals during divorce.

What If One Person Wants to Sell and the Other Doesn’t?

This is one of the most common challenges we see. Courts in Ontario can order the sale of a matrimonial home even if one spouse refuses, but that adds legal cost and time. A better approach is often starting with clear information and professional guidance.

We help couples:

Understand market value with a CMA or appraisal
Explore the financial implications of keeping vs. selling
Open a conversation through a neutral third party

We’ve found that bringing both parties back to the numbers helps shift focus from conflict to outcome.

How to Keep the Sale on Track When Communication Breaks Down

When communication breaks down completely, it doesn’t mean the sale has to stop. Here’s how we help keep things moving:

Set up a shared text or email thread for real estate updates only
Have both parties sign off on showing instructions and listing terms in advance
Agree that we’ll communicate decisions and feedback neutrally on behalf of both sides

Our goal is to keep the process professional and efficient, even in difficult situations.

Talking to Your Kids About the Move

💡 Need help explaining the home sale to your children?
This post offers guidance on how and when to tell them, what to expect, and how to involve them gently in the process.

Step Two | Buying After Divorce

Once the home is sold or you’re ready to start fresh, the next step is deciding what kind of property and lifestyle you want to build.

Questions to Guide Your Search:

Do you want to stay in the same area or relocate closer to family or support?
Is downsizing a financial decision or a lifestyle preference?
Will you be buying independently or with financial assistance?

Get Pre-Approved Early

After divorce, your financial picture may look different. Mortgage lenders may request:

A separation agreement
Documentation of any support payments
Updated proof of income and assets

Pre-approval helps you understand what you can afford and allows you to move quickly when the right home comes up. Learn more about the full buying process in our guide to buying after divorce in Ontario.

Renting May Be the Right Move

If you’re not ready to buy right away, that’s okay. Renting for 6 to 12 months gives you time to reassess. That’s what I did. It gave me space to make a better long-term decision instead of reacting under pressure.

📎 Explore: First-Time Home Buyer Tips
📎 Understand the Costs: Closing Costs in Ontario

Checklist: Buying After Divorce

Get mortgage pre-approval
Organize legal and financial paperwork
Adjust your budget to reflect current income and expenses
Research neighbourhoods that fit your new lifestyle
Prepare for closing costs including land transfer tax and legal fees

Step Three | Choosing the Right Legal Support

Legal advice matters. A good lawyer helps you stay focused on what’s important and avoid unnecessary conflict.

What to Look For:

A lawyer experienced in both real estate and family law
Someone who communicates clearly and focuses on solutions
A professional who doesn’t escalate issues unnecessarily

Keep your communication clear, documented, and professional. Avoid relying on your lawyer to resolve minor issues like showing schedules or key drop-offs.

If you’re dealing with financial hardship, Legal Aid Ontario may be able to help based on your income. For more context on your rights around the home, visit our article on what happens to the home in a divorce.

Step Four | Taking Care of Yourself

Divorce involves more than legal documents and real estate. Protecting your energy and well-being will help you make better decisions.

Things That Help:

Go for walks or spend time outdoors
Stick to regular meals and sleep routines
Book a check-up with your doctor or talk to a therapist
Share with someone you trust
Limit personal updates on social media or to mutual friends

Step Five | Starting Fresh in a New Community

Many of our clients relocate from the Greater Toronto Area to Niagara. It’s often a chance to reset financially and emotionally.

Why Niagara Works for So Many:

More space at a lower price
A quieter, more relaxed pace of life
Access to nature, parks, and waterfront trails
A fresh start without old reminders

One couple we worked with moved from Vaughan to St. Catharines after selling their home. With the equity they retained, they were able to purchase a home near the lake and still have money left to build a cushion. That move gave them not only peace of mind, but a fresh routine that reflected their new chapter.

Moving Forward

You’re not just making real estate decisions. You’re reshaping your future. Whether you’re selling, buying, renting, or simply exploring your options, Keith and I are here to offer real-world advice and clear next steps.

We’ve been through this ourselves. We know what’s at stake and how much of a difference the right support can make.

✉️ Contact us for confidential real estate advice

When to Call Us

You’re not sure what to do with the home but you know something needs to change
You need someone neutral to speak to both sides professionally
You’re buying solo for the first time and need clear next steps
Your current lawyer or agent doesn’t specialize in separation-related sales

We’re here to help, not pressure. Book a confidential consultation when you’re ready.

Frequently Asked Questions About Divorce and Selling a Home in Ontario

1. Can I remove my spouse from the title before selling?

Not without their consent. In Ontario, if both spouses are on title, you can’t remove one person without a legal agreement or court order. Even if only one person is on title, the other may have rights to the matrimonial home. Always speak with your lawyer before making changes to ownership during a divorce.

2. What happens if our mortgage is in both names but only one of us is moving out?

The mortgage still remains a shared legal responsibility until it’s paid off, refinanced, or otherwise discharged. Even if one spouse moves out, both are still equally liable for payments. If the home will be sold, both names typically stay on the mortgage until closing. If one party wants to keep the home, refinancing may be necessary.

3. Do we need to be legally separated to sell our home?

No, you don’t need a legal separation to sell your home, but both parties must agree to the sale. A formal separation agreement can help outline how proceeds will be divided and who is responsible for costs. It’s not a legal requirement to sell, but it helps prevent disputes.