Lessons from a Divorce Sale
Maggie Horsburgh • December 23, 2021

After talking to two lawyers and not getting the answers and advice she needed, Niki was getting frustrated because she was holding a mortgage on a house that she wasn’t living in. As often happens in divorce, one party is dragging their heels and one is anxious to go. In this case, her ex’s heels were dragging…for three and a half years. Their initial agreement was that her ex-spouse would buy her out of the house. But after all this time, nothing had happened.


How did you meet Niki?


I was introduced to Niki through her mortgage lender. She happened to have a relationship with the same lender that I frequently work with, and when discussing her situation with him, he recommended that she speak with me. He knew that I specialized in couples going through divorce and introduced us via email.


How did you approach your first conversation?


Empathetically to start. I emailed her back letting her know I was sorry that she was going through a divorce, shared my credentials and suggested we have a conversation. We connected via Zoom, partly because of the pandemic but also because it is imperative for me to remain neutral. In the event both parties desire to use me for the sale of the home, it’s important that I appear to both as unbiased, fair and neutral. I did not want to meet in person to help maintain this neutrality. I was there to simply gather the facts.



These facts included things like where they were in the divorce process, how many years they were married, who’s on the deed, who are the family law lawyers involved, etc. Once I had the facts, I was then able to make recommendations for her on the next steps to take to get things moving along for the both of them. During this conversation, I remained neutral and generic, phrasing recommendations for both parties, like “this is where you both need to…”.


“My first zoom conversation with Maggie was more informative than both lawyers I had tried, and any other person I had spoken to that works in Real Estate!”

~ Niki


What happened next?


I didn’t hear from Niki for several months. Then one day I got a very emotional call from her, telling me there was a For Sale sign on the lawn of her house. I had to ask some exploratory and uncomfortable questions, such as if this was something that she was unaware of, if there was a power of attorney in place, and if there were capacity issues. Awkward questions but ones that are very important to ask. I always preface these questions by saying that while they are difficult, it’s important that I’m dealing with all the facts.


I was then able to offer her recommendations on how to handle this situation and have the sign removed from the lawn since, at this point, the matrimonial home was unlawfully listed.


When it finally came time to list the home, her former spouse did not want to work with the same agent as her, which often happens when the two parties are in conflict. She elected to work with me, so I was then able to fully engage her as my client. This means I’m no longer working for them (i.e. being neutral) and can focus on helping her get through the process.


What is your approach to working with the other party’s Realtor® in a divorce sale, particularly if they are not trained in divorce real estate?


Working with another agent who is not trained in divorce real estate can be a challenge. Traditionally I am court appointed and handle the sale on my own. In such a case, it is not obvious that it’s a divorce situation. When two agents are on the listing it can be more challenging to mask the motivation for the sale.


In this situation, Niki’s ex-spouse chose to co-list the house with another agent. I’ve been fortunate to work with excellent local agents when co-listing, however communication is crucial. Whatever the other agent says to their client, they must communicate that back to me, and I relay it to my client and vice versa. We are essentially acting like mediators and making sure everybody is on the same page and understanding next steps.


Beyond communication, it’s critical to fully understand the process of divorce and selling the matrimonial home. In the case of divorce, I confidently take the lead and give correct guidance and directions.


If the other agent doesn’t understand the process fully or makes an error, I can quickly navigate a correction. It’s not impossible to work with another agent, it is simply not preferred as it is much easier to communicate with both parties directly to ensure all involved are in agreement, and to keep the motivation of the sale more discreet.


What were some of the big issues you had to deal with in this situation that were unique to a divorce sale?


Because the house was listed unlawfully in the first place, I had to direct my client on how to have it removed from the market and then advise the other agent how to move forward in the best interest of both our clients. That was a challenge in and of itself as the other agent assumed the other party (Niki) was onboard without realizing the ‘war’ that was going on behind the scenes.


Further, the ex-spouse had changed the locks to the house such that my client (who is still the homeowner) wasn’t able to get in. While the home was listed, the ex-spouse went out of town. There were lightbulbs that needed replacing and answers regarding wiring and mechanicals that Niki needed receipts for in order to answer the questions, but the locks had been changed again. While this is considered an unlawful act (she is still an owner of the house) it is quite common in these situations.


Dealing with an agent that may not fully understand the divorce process, the legal rights of both clients and how to best serve their client in this situation is also a challenge. They do not always know what they should be advising their client. In this situation, the agent assumed both (family law) lawyers would work together to close the real estate transaction. However, I pointed out that there was no separation agreement in place.


Without a separation agreement, a neutral real estate lawyer needs to be involved, separate from the two family-law attorneys representing each client. This independent real estate lawyer is necessary to hold the proceeds from the sale in a trust account until they are lawfully instructed by both lawyers to release the funds according to the separation agreement. This is the business side of divorce.


What were the main lessons learned from this sale?


The bottom line is a divorce sale is not a ‘regular’ real estate transaction. Both parties are very stressed, legal bills are piling up and there may even be a lawsuit going on. They don’t trust anyone, so trust has to be earned. What I know without a doubt is that any couple going through divorce needs to be heard.


It is imperative that I remain calm and confident. I listen, I ask questions, I stay on point. I’m empathetic to their situation and understand it at a very high level. In the end, I showed Niki that she made the right choice by having complete control of the situation for her, and I earned her trust by skillfully handling the sale.


Every time I handle a divorce sale, I realize more and more the need out there for agents to specialize in this area of real estate. As it stands, I am currently the only Certified Divorce Real Estate Expert® in Canada.


Finally, with each divorce sale I also recognize how passionate I am about helping couples move on in their journey.


“The care she took handling the details with my situation, empathy (a rare trait these days), and respect for me is above and beyond what I expect!”

~ Niki


The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Views expressed are my own. Please consult a lawyer for advice on legal matters.

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Man reading a book on a couch in a bright living room while another person uses a laptop in the background
By Maggie Horsburgh June 25, 2026
I remember sitting in my parents' living room, watching them go about an ordinary Sunday afternoon. My mother puttering in the kitchen. My father flipping through his horse magazines. They weren't unhappy. There was a certain comfort in the life they had built together, a familiar rhythm shaped by decades of shared history. They had become experts at coexistence. The sharp edges had softened with time, but so too had some of the wonder. They moved around one another with the ease of people who knew each other's habits by heart, yet I sensed a quiet distance between them. Not conflict. Not loneliness. Just an absence of curiosity, anticipation, or connection. Life seemed less like an adventure they were experiencing together and more like a routine they had mastered. And as I sat there watching them, a question settled heavily in my chest: Is this it? Is this what we're working toward? We fall in love, get married, raise our children, build careers, pay the bills, save for retirement, and then one day find ourselves sitting across from the person we've spent a lifetime with. If the children are gone, the careers are winding down, and the responsibilities have eased, what remains? Is the goal simply to endure together? Or is there meant to be something more? The question felt disloyal at the time, maybe even selfish. After all, wasn't this exactly what my parents had worked so hard to build? But once it appeared, I couldn't shake it. That question stayed with me for years. It turns out I wasn't the only one asking it. That uncomfortable question is driving a shift in family life right now. Across North America, more couples over fifty are choosing to end long-term marriages - a phenomenon researchers call grey divorce . Its rise has forced us to rethink some long-held assumptions about marriage, aging, and what we want from the second half of life. And if you're in that season of life, there's a good chance you know at least one couple it has touched. Maybe it's touched you. For many people, the children leaving home doesn't just create empty bedrooms. It creates space to finally look at life itself. Without the distractions, responsibilities, and busyness that once held everything together, some couples find themselves facing a difficult truth: they no longer recognize the life they've built or the person sitting across from them. We're Not Who We Were at 25 Here's the thing nobody says at the wedding: people change. A lot. The person you married at 27 may be almost unrecognizable at 60, and so might you. That's not a failure. That's just life doing what life does. Many grey divorces aren't dramatic. There's no affair, no blow-up moment, no single villain. It's more of a slow drift. Two people who built a life around kids, careers, and keeping the wheels turning suddenly find themselves across the breakfast table with nothing left to manage. Realizing they don't actually know each other all that well anymore. Or worse, they know each other perfectly, and that's the problem. Retirement Breaks Things Retirement was supposed to be the reward. The destination. You grind for 35 years, you get the gold watch, and then life begins. Nobody warned us that "life beginning" requires actually knowing what kind of life you want. Particularly for men, work is identity. Its structure, purpose, status, and social life all rolled into one. When it disappears, the vacuum can be enormous. Some guys handle it beautifully and discover themselves. A lot don't. And instead of confronting that loss of purpose, it gets directed at the marriage. Suddenly, couples who used to co-exist comfortably around busy schedules are home together 24 hours a day. Routines that held a marriage together evaporate. Tension shows up in places it never did before. I've seen perfectly decent couples unravel in the first year of retirement because they had no idea who they were to each other outside of the logistics of running a family. The Unfulfilled Dream Factor This part gets me every time. I've watched many people spend their best years waiting. Waiting until the kids are grown. Waiting until retirement. Waiting until then . And then "then" arrives and there isn't enough of it left. My mother may have had a list. Things she wanted to do, places she wanted to go, parts of herself she planned to explore "someday." I imagine if she had a list, she secretly kept it on a notepad in her bedside drawer. Maybe it existed only in her mind. If there were a list of things, I don’t know if she ever did them. That haunts me more than I'd like to admit, and I think it's part of why I can't judge anyone who, at 65 or 75 or even older, decides they're done waiting. I once worked with a couple in their early 80s who were separating after 60 years of marriage. Everyone around them was shocked. I wasn't. I could see that she had one chapter left, and she was not going to spend it the same way she'd spent the rest. What struck me wasn't the separation. It was the fact that she still had dreams. I was relieved that she still had dreams. The House in the Middle Okay, here's where I put on my real estate hat, because this is where things get genuinely complicated. In Ontario, the matrimonial home is treated as a joint asset, full stop. It doesn't matter whose name is on the deed, who paid the mortgage, or how long you've lived there. It's split equally. And that's just the house. Pensions, RRSPs, investments accumulated during the marriage — all of it goes into the pot. When you add legal fees into the mix, something shifts quickly. A couple who once had a comfortable retirement plan can suddenly find themselves as two individuals trying to build separate lives on what used to support one household. The financial reality of that change is often more significant than people expect. And perhaps what makes it even more complex is timing. There is no long runway to recover. Divorce in your 30s is painful, but there are decades of earning ahead. Divorce at 65 or 70 means rebuilding on whatever time is left, with far less room for adjustment. There's also the inheritance piece, and it's awkward but worth stating: when one or both spouses move on to new relationships, estate planning gets complicated fast. Kids who thought they understood what was coming can find themselves blindsided. That resentment is real, and it's worth thinking through early. These are not abstract financial structures. They are lived realities inside families. My husband likes to describe his work in his seventies as “laying fresh pavement” every day because the runway, as he puts it, technically ended, and he is simply extending it as he goes. I think about that often when I look at this stage of life and these kinds of transitions. Some people are still building. Some are beginning again. And some are doing both at the same time. That’s what makes this stage of life so complex. Not just emotionally, but structurally, practically, financially. Everything matters more because there is less time to absorb the impact. You Have More Options Than You Think When it comes to the family home, couples have real choices. Sell and split. One spouse buys the other out. There are creative arrangements that work when both parties approach the situation practically rather than emotionally… though I won't pretend that's easy when you're grieving a 40-year marriage at the same time. What matters most is getting the right people around you early. A family lawyer who understands late-life divorce. A financial planner who can show you what both paths actually look like. And a Realtor who has seen this before and won't treat your home like just another listing. Because it isn't. Grey divorce is often hard. It can be expensive and emotional, and for many people, it reshapes what they thought their future would look like. But it can also be the beginning of something you never allowed yourself to consider before. With eyes open, good advice, and honest support, some people find their way into a life they hadn’t yet imagined. What that life looks like depends on what people are willing to imagine next.
Leaky chrome faucet dripping water against a warm yellow background
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If you’ve just separated and you’re staring down a house that needs work… whether you’re preparing to sell or settling in for the long haul, this is one of the parts nobody prepares you for.