The Legal Dos and Don’ts of Selling Your Home During a Divorce

So, you’re getting a divorce. Almost nobody thinks it will happen to them, but if it’s happening to you, you’re in the company of about 2.7 million other divorced Canadians. And, like many of them, you’ll soon stop Googling “how to sell a home during divorce” because it’ll all be settled, and you’ll be busy getting on with life.   

In the meantime, if you and your spouse are legally married and own a home, selling could be the ticket to the next chapter in your story. True, you have other options, like one of you buying out the other’s share of the house or maintaining joint ownership and turning it into a rental property or continuing to live under the same roof and leading separate lives (kudos to anyone who can pull that one off!), but there are countless reasons why spouses opt to offload the family home.

Of course, it’s not always easy for couples to make the decision to sell – we imbue our homes with personal meaning and memories, and for many Canadians, they symbolize our level of achievement in life. Selling your home because of divorce can feel like going backwards, conceding defeat, or losing a cherished part of yourself, and we haven’t even touched on how the kids will be affected! But if selling seems like the right option for you, we’ve prepared a quick guide on the legal dos and don’ts to help you know your rights, stay on course, and keep a cool head throughout the process.

Understanding the basics of what’s allowed and what’s advisable when selling the matrimonial home can provide some direction as you start down this road, but you should always seek the advice of a divorce attorney and/or legal professional specializing in real estate divorce before taking any significant steps. Doing so will help you be prepared for any turbulence during your home sale (we are only human, after all), making the path to the finish line a smoother one.


A local FairSquare Group Realty agent is ready to help you begin your life’s next chapter. Our professionals use the latest market data to get top dollar for your home, and you’ll save thousands in commission. Plus, when you purchase your next home with one of our agents, we’ll give you $2,000 cash back!* That’s the future of real estate. Call 1-855-999-9740 to learn more.

** Cash back – How the Home Buying Service cash back works: FairSquare will share with the buyer the commission it receives from the seller’s agent up to a maximum of $2,000 in cash back. No cash back if the commission received is lower than $5,000. Where available.

On December 1, 2021, Purplebricks rebranded to FairSquare Group Realty. Blog articles published before this date were created under the Purplebricks brand but remain the property of FairSquare Group Realty.

In January 2019, ComFree Commonsense Network Brokerage rebranded to Purplebricks.