Getting Divorced? When to Sell the Matrimonial Home

For many separating couples in Ontario, the matrimonial home is one of the most significant and emotionally complex aspects of the divorce process. Beyond being a major financial asset, it’s often the place where memories were made, children were raised, and routines were built.

So, when a couple decides to end their marriage, the question of when to sell the matrimonial home inevitably comes up. And while every situation is unique, there are a few things worth understanding about how Ontario law treats the family home during separation and divorce.

What Is Considered a Matrimonial Home?

In Ontario, under the Family Law Act, the matrimonial home is defined as any property that was ordinarily occupied by the spouses as their family residence at the time of separation. This can include a house, condo, cottage, or other real estate—regardless of who holds legal title.

Both spouses have an equal right to possession of the matrimonial home, even if only one spouse is listed on the deed.

Can the Home Be Sold During Separation?

The matrimonial home can be sold before, during, or after a divorce is finalized—but timing can have legal and financial implications.

Generally, a home cannot be sold or mortgaged without the written consent of both spouses, unless a court orders otherwise. This means that one spouse cannot unilaterally decide to sell the home, even if they are the sole owner on paper.

Some couples agree to list the home for sale during the separation process, while others wait until after their divorce is finalized. Sometimes, one spouse may wish to keep the home and buy out the other’s interest.

Waiting for a Separation Agreement

One important consideration before selling the matrimonial home is whether a Separation Agreement has been completed. Without this agreement in place, any proceeds from the sale may be held in a lawyer’s real estate trust account until the terms of the property division are clearly laid out and agreed upon by both parties.

This can delay access to funds that might otherwise be used for housing, debt repayment, or starting fresh. In many cases, finalising the separation agreement in advance can help ensure a smoother and more efficient transaction—both legally and financially.

Impact on Equalization

In most cases, the value of the matrimonial home is included in the equalization of net family property, unless excluded by a legal agreement. Unlike other assets, even if one spouse owned the home before the marriage, its value at the time of separation is generally included in the property division process.

This is different from many other types of property, which can be excluded if they were brought into the marriage.

Factors That May Influence Timing

The decision of when to sell often depends on a range of practical and personal factors, including:

• Whether children are involved and where they will live

• Each spouse’s financial readiness to move or purchase another home

• Current market conditions and potential equity in the property

• Emotional attachment or desire for stability during a transitional period

• Whether a Separation Agreement is in place to release proceeds from trust

Moving Forward with Support

Navigating the timing and handling of the matrimonial home can be overwhelming, especially when emotions and legal rights are intertwined. That’s why having clear, informed support can make a difference.

At Divorce is Simple, we help guide separating couples in Ontario through the process with compassion, clarity, and respect. Our team works to ensure that every step—from legal paperwork to mediation—is as straightforward and stress-free as possible.

For more information on how our comprehensive divorce packages work, or to book a free call, visit divorceissimple.ca.

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Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult a qualified family lawyer. This is not intended to be used as advice.

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