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Separation or divorce

Selling in Ontario · Separation or divorce

Sell a House During a Separation or Divorce in Ontario

When a couple separates, the house is often the largest shared asset and the hardest thing to agree on. A traditional listing adds months of showings, price debates, and the two of you having to cooperate on every decision. A direct sale gives you one firm number and one closing date, which is usually easier for both sides and for the lawyers to work with.

No commissions or fees

Written offer in 24–48 hours

Close in 7 days to 6 months

Two-storey brick house with a white front porch and evergreen shrubs

Ontario at a glance

Equal

Right of both spouses to live in the matrimonial home, whatever the title says (s. 19)

Family Law Act, R.S.O. 1990, ss. 19 and 21

Both

Spouses must consent to a sale, unless a court order allows it (s. 21)

Family Law Act, R.S.O. 1990, ss. 19 and 21

$788,835

Average Ontario resale price in August 2026

CREA / Ontario Real Estate Association, August 2026

How it works

01

Both owners are involved

If both names are on title, both have to sign. We are used to working with two parties and their separate lawyers, and we keep communication straightforward.

02

One walkthrough, one written offer

We view the home once and put a firm figure in writing, usually within 24 to 48 hours. There is one number to discuss instead of an open-ended list price.

03

A closing date that fits the settlement

You choose the date. If the timing is tied to a separation agreement or a court order, we can set the closing to match.

04

Proceeds go to the lawyers

Sale proceeds are paid to your lawyers and divided according to your agreement or the court order. We do not get involved in how the money is split.

Couple signing an agreement at a desk while a lawyer points to the signature line

The matrimonial home in Ontario

Under Ontario’s Family Law Act, the matrimonial home has special status. Both spouses have an equal right to possession regardless of whose name is on title, and one spouse generally cannot sell or mortgage it without the other’s consent or a court order. A separation agreement or court order usually sets out whether the home is sold, when, and how the equity is divided. A direct sale does not change any of that; it just gives both lawyers a firm price and date to build the settlement around.

This page is general information, not legal advice. How and when a matrimonial home can be sold, and how the proceeds are divided, depends on your separation agreement or a court order. Each spouse should have their own family lawyer.

Listing instead? On the average Ontario home, a realtor costs about $35,655.

Commission at 4% plus 13% HST. See the number for your home’s price.

What would a realtor cost me?

Questions people ask

Ready to talk it through?

Get a written offer with no obligation, or call and ask us about your situation.

Selling a House During a Divorce or Separation in Ontario | Private Deals