How to Sell a Matrimonial Home

Selling a house can be a time of upheaval. When you’re in the midst of a separation or divorce, the process gets even more stressful. Fortunately, leaning on an experienced and compassionate real estate agent can help you move forward. 

We are not here to take sides. Our role is to be a neutral third party, helping to facilitate your sale so you get the best possible results in the current market. 

Once your transaction is complete, you will be free to move on to whatever your next chapter may be. Today, we’ll answer some of your top questions about selling the matrimonial home. 

(Disclaimer: Please note that we are not lawyers, and this article is for informational purposes only. For help with your specific situation, we highly recommend consulting with an experienced family attorney.) 

Wondering what your house is worth, and what it could sell for in today’s market? Sign up for a free home evaluation. 

What Is a Matrimonial Home?

The matrimonial home is simply the house you and your partner live in after you are married. Under Ontario law, it’s in a special category of its own, which is critical to understand while contemplating a divorce. 

All property that you acquire while you are married will be split in the event of a divorce by using an equalization process. Financial assets can include real estate, vehicles, jewellery, a business, and of course, anything you have in your bank or investment accounts. 

First things first, what do the courts consider an “equitable division of assets”? In all cases other than the matrimonial home, it depends on the timing of when you acquired it. For example:

If you get married and then buy an income property or make an investment, it is considered a 50-50 split. 

If it’s a gift, an inheritance, or property you owned before marriage, the increase in value will be divided during the separation. 

The matrimonial home is different. It doesn’t matter when you acquired it or how long you have owned it; if you both live there while you are married, you both have equal rights to possess and occupy the property. 

The one possible exception is where you obtained a signed and witnessed marriage contract before you legally married. Otherwise, a matrimonial home owned by one spouse in Ontario actually belongs to both spouses. 

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Selling a house isn’t easy at the best of times. Whatever you’re facing, the posts below can help you get the results you need:

• How to Purge Your Home Before Selling It
• How Much Can I Sell My House For?
• Do You Need to Stage Before You Sell?

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Common Law Versus Legal Marriage

What happens when separating from a common law partner? The rules are different yet again. In this case, the property is not considered the matrimonial home. Essentially, it belongs to whoever’s name is on the title unless you have a cohabitation agreement. That said, the other partner could have a claim if they have financially contributed to the property. 

For example, let’s say a common law partner moves in and invests their own time and thousands of dollars of their own money renovating the kitchen, adding substantial resale value to the home. If they can prove it, they would be entitled to at least a portion of the proceeds from the transaction. 

Can a Jointly Owned Property be Sold by One Owner?

Unless you have a marriage contract or a court order, spousal consent is required when selling the matrimonial home. A husband cannot sell a house without his wife’s consent, and vice versa, even if only one has their name on the title. 

Whenever possible, it’s best to keep the separation amicable. Working together almost always leads to a higher-value transaction at a lower cost. This gives you both more money and greater freedom to move on once all is said and done. 

Forcing the sale of the matrimonial home requires filing a successful application using the Partition Act or Family Law Act, depending on the situation and how the title is set up. The courts may intervene under certain circumstances:

• When the other spouse is not available or cannot be found
• If they are incapacitated and not legally able to give or withhold consent

When you have evidence that your spouse is unreasonably withholding consent; however, this can be difficult to prove. 

As to how long the process takes, it depends on several factors. If children are involved, a judge might delay the sale of the home to avoid unnecessary disruption in their life. 

A good lawyer has the potential to facilitate a faster and more beneficial outcome. Nevertheless, it will be much slower, not to mention more expensive, than if you can come to a mutually beneficial agreement.

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Understanding how the home selling process works is essential before listing your home. The posts below will provide some informative reading:  

• How Long Does it Take to Sell a House?
• Why You Need to Price Your Home Strategically
• What to Look For in a Listing Agreement

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The Value of an Expert Real Estate Agent

Under normal circumstances, a couple will agree to a home sale after careful planning and preparation. An experienced real estate agent can step in and help with all aspects of the strategy, from knowing what renovations to make, what contractors to call, and how to price and promote the house to get maximum exposure. 

When selling due to a separation, we are often working on a much faster timeline in addition to dealing with the stress and heartache you may feel. During situations like these, the support and guidance of an expert is even more vital. 

This brings up the question: should you and your partner use the same Realtor®? Or is it better if you have your own representation?

The answer depends on the level of conflict between you and your former spouse. Using the same agent can be instrumental in securing a top-dollar sale, as a buyer agent is less likely to pick up on any urgency to sell your home. 

On the other hand, using two different agents can be a more comfortable and secure experience. Often, you can stay with the same brokerage while retaining separate experts to guide you through the process. 

We Are Here for You

Is a sensitive home sale a real possibility in your near future? Our talented and caring team of Vaughan real estate agents are happy to be a listening ear when you need it most. 

When you’re ready, we will advocate for you to get the best results possible from your sale. Give us a call at 416-571-2724 or email us at info@arciteam.com to learn more.