Divorce is never easy, and when real estate is involved, things can become even more emotionally and financially complex. Whether you’re deciding whether to sell the family home or trying to fairly divide assets, the right guidance can make all the difference.
At Ambler Real Estate, we understand that every divorce situation is unique. That’s why we’ve created this guide to help you navigate the key decisions and questions surrounding real estate during a separation in Toronto and the GTA.
The Family Home: Sell or Stay?
One of the first questions that arises during divorce is: what happens to the home? There are generally three options:
- Sell the property and split the proceeds.
- One party buys out the other’s interest.
- One party remains in the home temporarily (e.g., for children), with sale or buyout delayed.
Each option has pros and cons depending on your finances, family situation, and legal agreements. A good Realtor can walk both parties through the process neutrally and help assess current market value so informed decisions can be made.
Selling a Home During Divorce
If you and your ex-spouse decide to sell, here’s what to expect:
1. Agree on key terms early
This includes:
- Which Realtor you use
- The list price and timing
- Who is responsible for staging or repairs
- How the proceeds will be divided (usually via your lawyers)
Clear communication and legal support help avoid misunderstandings down the line.
2. Choose a Realtor who understands divorce sales
Divorce-related sales require a special kind of professionalism. Your agent must remain neutral, keep both parties informed, and minimize tension through transparent communication. At Ambler Real Estate, we’ve helped many clients navigate these sensitive sales with fairness and discretion.
3. Prepare for market realities
Toronto’s real estate market in 2025 is competitive—but expectations should be managed. Staging, pricing, and marketing matter more than ever when both parties are counting on a smooth, profitable transaction.
Searching for more catch-all home selling advice? Explore these blogs next!
- When is the Best Time to Sell a Home in Ontario?
- How to Choose a Realtor
- How To Prepare Your Home For Sale
Buying Out Your Spouse
If one person wants to remain in the home, they may need to refinance the mortgage to buy out the other’s equity.
Key steps include:
- Getting a current market appraisal or evaluation
- Determining outstanding mortgage debt
- Negotiating a fair equity split
- Securing financing with your lender
This route can be emotionally easier for families with children but must be handled with legal clarity—especially if property value changes post-divorce.
Legal Considerations & Title Ownership
A few key points:
- In Ontario, matrimonial homes are treated differently under family law. Even if only one spouse is on title, both have equal rights to the home unless waived in a legal agreement.
- Any sale or refinance typically requires both spouses’ consent unless a court order says otherwise.
- Always consult with a family lawyer before making real estate decisions—your Realtor works with your lawyer to ensure things proceed smoothly and legally.
What Happens to the Mortgage?
If you’re both on the mortgage, you’re both legally responsible for it—even if one spouse moves out. Until the home is sold or refinanced, missed payments can affect both parties’ credit.
Options include:
- Continuing to share payments until resolution
- Removing one party via refinance
- Selling and discharging the mortgage entirely
Tips for Navigating Real Estate During Divorce
- Stay professional and solution-focused – Treat this like a business transaction. Your future financial health depends on it.
- Work with the right team – A strong Realtor, lawyer, and mortgage broker make the process smoother and less stressful.
- Get a market evaluation early – Knowing your home’s current value helps you make decisions about equity splits, refinancing, or listing timelines.
- Communicate through professionals if needed – If conversations with your ex are difficult, use your agent or lawyer as the go-between.
Hoping to make the most of your home sale? You’ll find helpful insights in these articles:
How Ambler Real Estate Supports Clients Through Divorce
We bring experience, empathy, and strategic marketing to help clients through the real estate side of separation. Here’s how we help:
- Neutral and professional representation for both parties
- Detailed home evaluations to support fair negotiations
- Expert staging and marketing to help you sell for top dollar
- Connections to lawyers, appraisers, and mortgage specialists you can trust
Divorce is difficult, but your real estate decisions don’t have to be. With the right support, you can move forward with clarity and confidence. Whether you’re selling the family home or starting over with a new purchase, we’re here to help you navigate the path ahead.
Need guidance on your next step? Contact the Ambler Real Estate Team for a confidential consultation today. Call (416-884-8027) or email (team@amblerhomes.com) to get in touch.
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