SELLING A PROPERTY DURING SEPARATION OR DIVORCE IN BURLINGTON & OAKVILLE
The Family Home is More Than Just a Property.
For many couples, it is the biggest asset they own.
It may also be where you raised your children, built your routines and expected to spend many more years.
So when a separation happens, deciding what to do with the home can feel overwhelming.
Do you sell?
Can one of you afford to stay?
How will the equity be divided?
What happens to the mortgage?
And where does everyone go next?
At Divorce Is Simple, we help couples in Burlington, Oakville and across Ontario work through the financial and practical decisions surrounding the family home as part of the separation process.
You do not need to have the answers before you call us.
We’ll help you understand the options and figure out what needs to happen next.
Divorce Is Simple. Because sometimes the process really can be.
Selling the Matrimonial Home in Ontario
The matrimonial home has special treatment under Ontario family law.
In general, both spouses have rights relating to possession of the matrimonial home, and one spouse cannot simply sell or mortgage it without the other spouse’s consent.
That is one of the reasons decisions about the family home should be considered as part of the broader separation process.
Before deciding whether to sell, buy out the other spouse or remain in the property temporarily, it is important to understand the financial picture and how the home fits into your overall separation.
What Are Your Options for the Family Home?
For many separating couples, there are three main possibilities.
One Spouse Keeps the Home
One spouse may choose to remain in the property and buy out the other spouse’s interest.
This may involve reviewing:
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The current value of the home
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The outstanding mortgage
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Available equity
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Refinancing options
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Whether the spouse keeping the home can qualify financially
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How the buyout fits into the overall property division
The Other Spouse Keeps the Home
The same process can work in reverse, with the other spouse purchasing your interest in the property.
Again, it is important to look at the full financial picture before making the decision.
You Sell the Home
If neither spouse wants to keep the property — or keeping it is not financially realistic — the home may be listed for sale.
The proceeds can then be dealt with as part of your overall property settlement and Separation Agreement.
The current Divorce Is Simple page identifies these same three broad options.
We Can Help You Work Through the Property Decision
Selling the family home does not happen in isolation.
Our mediation process helps bring those pieces together so you are not trying to solve each issue separately.
Depending on your Divorce Is Simple package, property and financial discussions can be addressed alongside the rest of your separation.
Depending on your package and circumstances, this may include:
Property division
Financial disclosure
Parenting arrangements
Child support
Spousal support
Debt repayment
Your Separation Agreement
Your future housing costs
Selling the Home Is Only One Part of Moving Forward
Whether you sell the property, one spouse buys out the other or you make another arrangement, the goal is to reach a decision that both parties understand.
You do not need to know exactly what you want before you call us.
We’ll help you understand the financial picture, work through the available options and document the decisions you make as part of your overall separation.
Selling a Property During Divorce in Burlington or Oakville?
You don’t have to navigate it alone.
We can help you work through the home, the finances and the other decisions that need to happen around it.
Whether you are considering selling the matrimonial home, discussing a buyout or simply trying to understand your options, the first step can just be a conversation.