Selling your home in the event of a divorce or separation is a process rich with complexities. Beyond the logistical and legal elements, navigating the emotions and familial adjustments of this journey can be particularly difficult. One prominent step of the greater divorce process is the sale of the matrimonial home.

In today’s real estate landscape, many former couples facing this transition choose to sell their home, divide the proceeds, and go their separate ways. Alternatively, one spouse may elect to stay in the home, purchasing the remaining equity from the other party. Both of these options present distinct advantages and disadvantages.

This article will explore a selection of key considerations for selling the matrimonial home. Continue reading for further insights.

---

Approaching a home sale under unforeseen circumstances? Consider these related readings from our site. 

• Finding Peace of Mind When Selling Under Pressure
• Downsizing in Transition
• Finding Certainty in an Uncertain Market

---

What is a Matrimonial Home?

The primary residence of a married couple is known as the matrimonial home.

Under the Ontario Family Law Act, the matrimonial home holds a distinct legal status, granting each spouse equal rights to the property. Therefore, both you and your former spouse are equivocally entitled to one-half of the home – regardless of prior individual ownership or discrepancies in mortgage contributions.

One important consideration regarding the matrimonial home is that it is solely applicable to formally married couples. Today, it is far from uncommon for couples to purchase and share a home before pursuing marriage. However, individuals separating from a long-term cohabiting partner, without the legal status of marriage, may not be entitled to the same division of equity.

Homeowners in this situation should consult a lawyer directly for an assessment of their options.

Selling Your Matrimonial Home: First Steps

The Separation Agreement

Prior to the sale of your matrimonial home, you must complete a formal separation agreement, notifying the court of each party’s intent to initiate divorce proceedings. A separation agreement, signed by both parties, addresses crucial elements including custody arrangements, child and/or spousal support obligations, and other details. In Ontario, you may not proceed with the sale process without completing this step.

Deciding What to Do With the Matrimonial Home

After signing a separation agreement, you may proceed with asset division. The next step in this process is to determine what you will do with the matrimonial home.
There are two primary options. A collaborative, joint sale of the property, with subsequent division of proceeds, or the acquisition of one spouse’s home equity by the other. Each of these avenues presents its own intricate challenges and factors that warrant careful consideration.

A Joint Sale

In a joint sale scenario, the home is prepared, listed, and sold cooperatively with the assistance of a real estate agent (each spouse may elect to hire their own agent if they have concerns about biased representation, however, this path is not without potential drawbacks). Following the sale, proceeds are split evenly and the couple is free to move forward and focus on other aspects of their divorce proceedings.

Someone Keeps the Home

Should one spouse wish to keep the matrimonial home, you may instead proceed with a partner buyout. Following this specialized type of sale, one spouse becomes the exclusive owner of the property, acquiring the other’s share.

Compared to a joint sale, this option involves greater considerations and complications, including:

• Custody arrangements (if relevant)
• Financial capabilities, factoring in spousal and/or child support

Assessing Your Home’s Current Market Value

In either a joint sale or buyout scenario, both parties must agree upon the matrimonial home’s market value. While this may sound simplistic, it is instead an intricate process, one that can entail significant conflict.

Because your home does not have a fixed or pre-determined value, a fair evaluation must be performed by a trustworthy third-party professional. More specifically, a local real estate agent can offer an accurate estimation of what its current market value may be.

---

Searching for results-oriented selling advice. Consider these related resources from our team. 

• What Are The Costs of Selling a Home?
• How to Maintain a Clutter-Free Home When You’re Selling
• Balancing Interest & Equity When Selling Your Home

---

Armin Group’s Compassionate Selling Services

At Armin Group, we understand that real estate is personal in nature. Our client-centric approach far exceeds the parameters of your typical agent. If you are currently navigating a transition in your personal life and need to sell your matrimonial home, our team can guide you toward your new chapter with grace, clarity, and ease.

Our commitment to you is twofold, encompassing both unrivalled service and results. Whatever the state of the market may be, our elevated industry profile, refined strategies for selling, and vast professional connections ensure your experience is seamless.

Selling your Toronto home? Armin Group can help. Send us an email at ar********@************ty.ca or call 416.960.9995 to begin your journey.