Selling a House During Separation or Divorce

Neeraj Moolchandani is a REALTOR® in Markham, Ontario, and cofounder of the Kaizen Real Estate Team, one of the teams Markham families trust with their biggest moves.
By Neeraj Moolchandani, REALTOR® · Cofounder, Kaizen Real Estate Team · eXp Realty, Brokerage

The short answer

In Ontario, a married spouse generally cannot sell the matrimonial home without the other spouse's consent, even if only one name is on title, and both spouses have an equal right to live there until a court order or agreement says otherwise. Couples usually choose to sell and divide the proceeds, have one spouse buy out the other, or keep the home for a time. A neutral agent communicates with both owners equally and in writing. Common law partners have different rights, so get family law advice first.

The Rules in Ontario

The matrimonial home is the home married spouses lived in together
Both married spouses have an equal right to live in it, regardless of title
A sale generally needs the other spouse's consent unless a court order or separation agreement covers it
Common law partners do not have the same statutory rights; ownership depends on title and contributions
Your family lawyer advises on your rights; we handle the property

Three Options

Options for the family home
Option	Good when	Watch for
Sell and divide	Neither can or wants to keep the home	Agreeing on price, timing and who lives there until closing
One buys out the other	One spouse wants to stay, often for the children	A fair independent value and qualifying for the mortgage alone
Keep for a time	Stability matters, for example until a school year ends	Shared costs and a clear end date

Need a neutral valuation of the family home? Call or text Neeraj at (647) 370 8885

A Neutral Process

One written valuation shared with both owners and their lawyers
Both owners sign the listing agreement and every document
All updates and offers sent to both at the same time
Showings scheduled around both households
No side conversations about price or strategy

If one of you is buying the next home, see buying with Neeraj.

Start With a Conversation

No pressure and no obligation. Tell Neeraj what you are planning, and get honest advice with real Markham numbers.

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Call or text (647) 370 8885 · info@kaizenrealestate.ca
Kaizen Real Estate Team, eXp Realty, Brokerage · 9763 Markham Rd, Markham, ON L6E 1A4

Separation and Divorce, Answered

Do I need my spouse's consent to sell our house in Ontario?

If you are married and it is the matrimonial home, generally yes, even if only your name is on title, unless a court order or separation agreement covers the sale. Ask your family lawyer.

Can my spouse force me to sell the house?

If you cannot agree, either owner can ask the court for an order. Your family lawyer can explain the process.

How do we decide the value for a buyout?

Use an independent valuation or appraisal that both of you and your lawyers accept.

Do common law partners have the same rights?

No. Ontario's matrimonial home rules apply to married spouses. Common law partners' rights depend on title and contributions.

Can one agent represent both of us?

An agent can list a home owned by both spouses and must treat both owners as clients, sharing information equally.

Related Services and Guides

From the Markham Blog

Have a question these guides do not answer? Call or text Neeraj at (647) 370 8885

Sources: Family Law Act (Ontario), Part II, Matrimonial Home. General information only, not legal advice.

Neeraj Moolchandani, REALTOR®, Kaizen Real Estate Team, eXp Realty, Brokerage. Reviewed by Neeraj Moolchandani on October 28, 2026. General information only, not legal, tax or financial advice. Commission is negotiable and any rate shown is for illustration only. Market commentary describes current conditions and is not a promise of future prices. Not intended to solicit properties currently under contract.