Who Gets the House? Why Selling Might Be Your Best Option
Maggie Horsburgh • December 18, 2020

In my previous post on the question of “Who Gets the House” in a divorce, one of the options was to sell the house and split the proceeds versus keeping it and buying out the other party. So why might this be the better option?

From a practical perspective, it may simply come down to finances. If you both worked, you had two incomes to manage the mortgage. One income might not be enough to refinance a buyout and manage all the other expenses of maintaining the house – property taxes, utilities, insurance, maintenance and repairs. There are other considerations as well that may impact your decision, which I covered in my last post.

Often, one party’s desire to keep the home is an emotional one – stability for the children, staying in the same neighbourhood, holding onto something you’ve invested a lot of time in. And while these are all valid reasons, let’s take a look at the other side of the coin.

A Fresh Start

Divorce is an emotional time, and the matrimonial home holds a lot of memories, both good and bad. Moving to a new place can be the fresh start you need to get on with your life and start new memories. A new place also gives you the ability to properly grieve – the loss of your old life, death of dreams, time of transition.  If you have children still at home, they are your priority, but they are more resilient than you think. You can use the excitement of a new place and new bedrooms to help them through the transition.

Avoid Overwhelm

While the marital home is familiar, it can also become a burden. A house that was once managed by two people can be a lot to take care of on your own. You’re now responsible for cutting the grass, shoveling the driveway, managing repairs to a leaky roof, and much more. If the house is older, repairs and maintenance could become overwhelming for one person to manage – not only physically but emotionally and financially as well.

By selling the marital home, you split the proceeds of the sale and have the opportunity to use that equity to invest in a home that you can manage on your own.

Considerations When Deciding to Sell

Once you’ve decided that selling is the best option for both of you, there are a few things to consider:


  1. Have a Separation Agreement in place. I know I’ve mentioned this one before, but I cannot stress it enough. If you sell your home without one, the proceeds of sale can be held in trust by your real estate lawyer until an agreement is in place instructing them on how to disperse the funds. Not to mention, a bank will not approve a new mortgage for you without one.

  2. Market conditions may play a part in the timing of your sale. It’s important to get a professional market evaluation before you put the house on the market. If waiting makes more sense, you could rent out the house until market conditions become more favourable.

  3. Preparing the home for sale. Maximizing the value of your home is more important than ever, so fix-ups and minor renovations may be required to get the house ready for sale. Home staging is also critical as it presents the house in its best light and distracts buyers from looking for motivation, signs of distress, evidence of an unhappy home. I’ll be discussing this in an upcoming article.

Hire an Expert

The process of selling your home in a divorce comes with added complications and stresses not found in a regular real estate transaction. This is likely the largest asset that needs to be divided and tensions can run high.

I understand that this is more than just a necessary transaction and I am trained in the legal and financial aspects of family law and real estate. As a Certified Divorce Real Estate Expert (CDRE), I follow a Code of Ethics higher than industry standards and act as a neutral third party to ensure a fair process for everyone.

Divorce real estate is not just my specialty, it is my passion. Having gone through it twice myself, I want to ensure divorcing couples get the best possible outcome as they untangle the legal, financial and emotional ties to their house.

Have questions? Reach out ...I’m here to answer them.

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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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.