For separating spouses or partners and their advisorsSelling the home during a separation: checklist
Before deciding
- Confirm with your lawyer who is on title and whether Dower Act consent will be needed.
- Get one written market evaluation that both of you receive at the same time.
- Ask the lender for a mortgage payout statement and the prepayment penalty; ask whether the mortgage is portable.
- If one of you wants to keep the home: get a pre-approval on that person’s income alone.
Agree in writing before listing
- The list price and the date you’ll review it.
- How offers will be accepted, and how quickly each of you will respond.
- Who pays the mortgage, taxes, utilities and insurance while it’s listed.
- Who attends showings, or that neither of you will.
- How sale proceeds will be held (often in a lawyer’s trust account) until the split is agreed or ordered.
During the sale
- All updates go to both of you at once, in writing.
- Keep personal details out of the marketing and out of conversations with buyers.
- Send the accepted contract to both lawyers.
