Why I Put the Brakes on a Divorce Listing
Maggie Horsburgh • September 2, 2026

The listing agreement was signed and we were ready to go to market. My clients were eager to move on after a very long divorce process, and the Separation Agreement was close to being finalized. The major pieces had been discussed. Everyone believed they knew where things were headed and that they had a deal.


There was just one problem. It wasn't actually signed.


So I pushed the pause button on the listing.


Not because the house wasn't ready. Not because the market wasn't right. And certainly not because I didn't want to get it sold. I paused because I understood what could happen next.


One of the parties was ready to start the next chapter and had put a conditional offer on another property. Their buyer agent had recommended waiting until the Separation Agreement was signed. But when you've been going through a divorce for a long time and everyone seems to have agreed, it's easy to think, "We're basically there. It'll be fine."


I've seen "we've agreed on everything" become "there's just one more thing" more times than I can count. And that "one more thing" can change everything.


That's the problem with making plans before your Separation Agreement is signed. You don't actually know your numbers. You may be expecting a lump sum, a payout over time, or proceeds from the sale of the matrimonial home, but until the Agreement is finalized, those details aren't necessarily settled.


And if you're relying on financing for your next purchase, your lender demands documentation. A verbal understanding between separating spouses isn't enough. They need the terms in writing.


No signed agreement, no certainty about financing.


Had that conditional offer become firm before the Separation Agreement was signed, one party could have been legally committed to purchasing a home without knowing for certain that the money would be available to close. That's when selling the matrimonial home could have created a second problem.


Which is why one of the first questions I ask divorcing clients who want to sell is this: "Where are you going?"


Before we talk paint colours, staging or listing price, I need to know there's a plan.


Are they renting? Moving in with family? Do they already have somewhere to go? Will either of them need to purchase another property?


Selling the matrimonial home isn't an isolated transaction. It is one piece of a much larger process, and I need to understand what happens to both parties when that house sells. If either party needs the proceeds from the matrimonial home to make their next move, I want to know that the legal and financial pieces are actually in place before I put a For Sale sign on the lawn. Because once the house is listed, we've started a process that has consequences.


Offers may come in. Negotiations begin. Buyers make decisions based on the representation that this home is genuinely for sale. That is not the time to discover that one of the sellers isn't actually in a position to move forward.


My job isn't simply to get the house listed. My job is to get both parties safely through the sale.


Sometimes that means recognizing a problem before it becomes one. Sometimes it means saying, "Not yet". That's what happened here.


A few terms in the Separation Agreement still needed to be worked through, and finalizing them took a little longer than anticipated. That delay reinforced exactly why I had pushed pause in the first place. It's also what I mean when I talk about conflict costs. When issues remain unresolved, even a relatively short delay can add time, expense and stress to a process that has already taken enough of all three.


Had we rushed the house onto the market because everyone was anxious to move forward, we could have introduced a real estate transaction with buyers, offers, deadlines and legal obligations into a divorce process that wasn't quite ready for it.


Instead, we waited.


Once everything was properly in place, we went to market. Within days, we had offers on the table, and both parties were finally in a position to move forward.


That's an important part of this story. Waiting didn't cost my clients their sale. It protected it.


There is tremendous pressure during divorce to just get the house sold. I understand it. The matrimonial home can feel like the last enormous piece standing between two people and the next chapter of their lives. But selling it isn't simply a matter of putting a sign on the lawn and finding a buyer. There is an order to this.


Your Realtor needs to understand the separation process, the legal documents that affect the sale, what happens to the proceeds, where each party is going next, and whether both people are actually in a position to complete the transaction.


I work alongside the lawyers and other professionals involved rather than treating the real estate transaction as though it exists in its own little bubble. And I will push the pause button if I believe moving ahead could put either party - or the transaction itself - at risk.


I've been through two divorces myself. I understand the pull to just get it over with. But I've also learned something from working with people going through it. Momentum and progress are not always the same thing.


Sometimes the fastest way forward is to step back and make sure the pieces are in the right order first. If your next step involves purchasing another home, don't build that purchase around a verbal agreement. Build it around a signed one.


Then we put the sign on the lawn.

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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White two-story house with lit dormer windows, black shutters, and a half the room on fire.
By Maggie Horsburgh July 29, 2026
When Divorce Becomes a Battlefield
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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.