Getting divorced, selling a home?
Pro tips for a smoother split
Separation agreement: step one when divorcing and selling a home
Tom has seen the chaos that often ensues when couples sell a home without first having lawyers draft a formal separation agreement. “If there is a disagreement later— about who should get what percentage of the home sale proceeds— all the money gets locked up and held in trust while the dispute is settled.”
Simply put, he says, it means you’re not going to see that money for a while. “It’s sitting there, earning nothing, and you can’t spend it. And now, lawyers— who should have been involved before the sale— have to get involved after.” In a fast-moving real estate market, you certainly don’t want your share of the equity sitting around earning no interest while you spend thousands of dollars on a stressful legal dispute!
Invest in lawyers before the home sale, get your money faster
“When couples split, it’s often extremely emotional,” Tom says. “Grief, anger, and resentment about the past can make it hard to think clearly about the present and the future. For this reason alone, each person should hire their own family law expert.” Peter DeMeo is a real estate lawyer, not a family lawyer— but he has seen plenty of couples run into trouble when they hurry to sell a property before there is a legal separation agreement in place.
“When you’re undoing a relationship, married or not, you’re separating yourselves financially,” Peter explains. “The process of financially separating yourself from your partner or spouse should be formally summarized in a separation agreement. This agreement is important to me as a real estate lawyer, because it spells out clearly how the financial proceeds are going to be distributed.”
A dispute after a sale can be a long process. “And ironically, if you tried to save money by not hiring lawyers, a dispute will likely cost more in legal fees,” he counsels. “Best to invest in a separation agreement, negotiated by lawyers, before you sell your home.”
List home professionally to speed sale, avoid conflicts
With a professional realtor like Tom Hopper selling the family home, it’s easier for a divorcing couple to agree on the listing price and conditions. This also helps speed up the sale. “I’m not on anybody’s side,” Tom says. “My goal is to get them the most money I can for their house. If for some reason one or the other feels they needs their own realtor, it’s ok with me to co-list. It’s not required, but it’s not a problem.”
Separating couples might be tempted to save a commission fee by selling the home themselves, but this is ill-advised, Peter says, especially when the property is being divided. “We’re in a society now where everybody wants to DIY,” he says. “Everyone’s got Google lawyer, Google realtor at the ready. It doesn’t always turn out well.”
“What we do is pretty complex,” Tom agrees. “There’s ethical issues, conflict issues— financial, tax, and legal issues. It’s hard to glean all of that off of the internet.” And when your relationship is ending, says Peter, “it’s an emotionally challenging time. It’s not a good time to try to learn complex things.”
When home is sold, don’t wait to buy back in
A separation agreement spells out who will get what percentage of the sale of the couple’s home. Ultimately, that means each party can have their money distributed to them quickly, “so you can have the liquidity and funds to purchase your next home,” Tom says. “You want to get back into the real estate market as soon as possible. So having that agreement in place makes it so you can go out and shop.”
If one of you has enough money to buy the other out, then you keep that house. Otherwise, it’s unlikely either person will be able to have the buying power to replicate the current home after the split. Tom’s suggestion is to take whatever number you think your budget will be, and explore options. “What do I get for x dollars on realtor.ca? That reality check can be something that can help you prepare yourself emotionally.
Adjust your expectations when buying back in
It was initially a shock when “M” found herself divorced with two young children. Her first impulse was to buy a house similar to the one she and her ex had lived in together. “I quickly realized that taking on even a small heritage home was more than I could manage on my own,” she says. “The sheer volume of tasks for one adult— who isn’t handy— was overwhelming for me as a single mom.”
The loss of neighbourhood, the familiar routines, and the comforts of home were all things M had to honestly grieve. First, though, she had to buy back into the market, and “right size” her home for herself and her kids. For her, the “right size” home was a three-bedroom condo. “I balked at first, but I’ve learned to look at the gifts in this situation. Less to clean, less to maintain, and the responsibilities for maintenance are shared with others. Honestly, I prefer this, even though I resisted it and cried many tears.”
Recap: five pro tips for selling a home when you split
While it’s hard to look toward the future while grieving the losses, Tom says it’s important to get yourself into a new, right-size home— right away. His clarity and straight-forward, compassionate approach means clients can “move quickly on something that is appropriate so they can have a new home and get settled.”
Here are five pro tips from Tom Hopper for transitioning from couple to single, and buying your “right-size” home.
- Each party hires a family lawyer, and a separation agreement is put in place.
- Get a realtor to give you a realistic idea about what the current home is worth, or go online and see what has sold recently in your neighbourhood.
- Know exactly how much equity you’re going to pull out of that home sale. That way, you don’t waste everybody’s time. If you think you can afford something you can’t afford, you’ll just frustrate yourself.
- Get pre-approved, by a bank, for a mortgage based on your equity and income.
- Shop inside your budget, find an appropriate home, and move quickly so you can get settled.
-
2514 Prospector Way in Langford: La Florence Lake Single Family Residence for sale : MLS®# 1009076
2514 Prospector Way La Florence Lake Langford V9B 0M3 $1,589,000Residential- Status:
- Active
- MLS® Num:
- 1009076
- Bedrooms:
- 6
- Bathrooms:
- 5
- Floor Area:
- 3,530 sq. ft.328 m2
A real prospect here on Prospector way! One of the best neighborhoods in all of Langford! Set on a quiet cul-de-sac, this impressive 3,390 sq ft home sits on a generous 9,537 sq ft lot, and enjoys full west-facing exposure. Soak in the sunshine until the last light of day. Designed with families in mind, this home features 6 Bedrooms, 5 bathrooms, and a fully self-contained legal suite, ideal as a mortgage helper or extra space for extended family. Enjoy thoughtful upgrades throughout: hardwood floors, granite countertops, wood cabinetry, gas fireplace, 4-zone built-in sound, heat pump, and appliances included for both the main home and suite. Outdoor living is effortless with a spacious deck, patio, and plenty of yard space. Fabulous space for entertaining, fenced in back yard for kids and pets. Located just minutes to schools, shopping, and recreation. Move-in ready. Don’t miss your chance to call Florence Views home! The stunning views from this property will grasp your attention! More detailsListed by RE/MAX Generation- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
248 6995 Nordin Rd in Sooke: Sk Whiffin Spit Townhouse for sale : MLS®# 1011897
248 6995 Nordin Rd Sk Whiffin Spit Sooke V9Z 1L4 $749,900Residential- Status:
- Active
- MLS® Num:
- 1011897
- Bedrooms:
- 3
- Bathrooms:
- 3
- Floor Area:
- 1,665 sq. ft.155 m2
Experience the best of Vancouver Island’s West Coast lifestyle at Heron View Villas where thoughtful design meets timeless quality. This turn-key, ready to move in spacious town home offers ideal one-level living. The open-concept main floor features engineered hardwood floors, a gas fireplace, and a gourmet kitchen with granite counters, a large island, sleek white cabinetry and SS appliances. The main-floor primary suite features a 3-piece ensuite with a walk-in shower, while upstairs you will find two additional sunlit BRs and a 4-piece BA – ideal for hosting friends and family. A corner location offers rare privacy on the spacious back patio with BBQ hookup, while the double car garage adds convenience. Steps from the marina, this oceanfront community offers resort amenities including a heated pool, hot tub, sauna, gym, tennis/pickleball, and an oceanside fire pit with sweeping views. Perfect for boaters, nature lovers, and those seeking a low maintenance, lock-and-leave lifestyle. More detailsListed by Pemberton Holmes Ltd – Sidney- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
860 Brock Ave in Langford: La Langford Proper Townhouse for sale : MLS®# 1011980
860 Brock Ave La Langford Proper Langford V9B 3C6 $729,900Residential- Status:
- Active
- MLS® Num:
- 1011980
- Bedrooms:
- 4
- Bathrooms:
- 4
- Floor Area:
- 1,920 sq. ft.178 m2
OPEN HOUSE SATURDAY AUGUST 30TH 1:30-3PM! QUICK COMPLETION AVAILABLE! This unique, 3 level townhome is packed with potential, whether you’re looking for a family home, investment opportunity or something in between! Enter the main floor to find an open concept kitchen, living and dining area with balcony and a 2 piece. Upstairs 3 bedrooms await, including your spacious primary with 14’ vaulted ceilings, double walk in closets, 4 piece ensuite & private balcony. The lower floor with street level entrance, or access from main floor includes a huge living area with kitchenette, 3 piece bathroom and sizeable den – the perfect extension to the main house, additional accommodation or mortgage helper! The convenience of Ruth King Elementary just around the corner, the new WestShore Campus, coffee shops and all other amenities of Downtown Langford just blocks away makes this the perfect home for all – book your private showing today! More detailsListed by Maxxam Realty Ltd.- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
846 Cecil Blogg Dr in Colwood: Co Triangle Single Family Residence for sale : MLS®# 1011882
846 Cecil Blogg Dr Co Triangle Colwood V9C 3H7 $1,099,900Residential- Status:
- Active
- MLS® Num:
- 1011882
- Bedrooms:
- 4
- Bathrooms:
- 3
- Floor Area:
- 2,158 sq. ft.200 m2
O/H SAT30&SUN31 1130-1! Situated on a 13,870sf private lot just minutes from Belmont Market amenities, this well maintained & tastefully updated home w/ in law suite is sure to impress! An inviting & open living/dining/kitchen is drenched in natural light thanks to beautiful south facing bay windows. Follow gleaming hardwood floors down the hall to 3 bedrooms, including a primary with 3 pc ensuite & main bath. A spacious family room downstairs makes the ideal hangout space for children, hobby room or work from home area. Enjoy sun all day in our south facing, cedar fenced yard or relax on your covered, yet light-filled deck perfect for bbq-ing! A bonus 1 bdrm mortgage helper w/ separate entrance & laundry is tucked away behind in the tree-filled backyard, providing both autonomy & privacy. An abundance of amenities are mere minutes away, from shopping and recreation to schools, parks & trails – even Lookout Lake Park, perfect for cooling down in this summer heat! Book a showing today! More detailsListed by Maxxam Realty Ltd.- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
1203 60 Saghalie Rd in Victoria: VW Songhees Condo for sale (Victoria West) : MLS®# 1011899
1203 60 Saghalie Rd VW Songhees Victoria V9A 0H1 $1,299,900Residential- Status:
- Active
- MLS® Num:
- 1011899
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 1,061 sq. ft.99 m2
Welcome to the Encore at Bayview, where luxury and lifestyle meet. This spacious 2 bed, 2 bath condo offers 1,061 sq ft of modern living with high-quality finishes throughout. The open concept kitchen features sleek quartz countertops, stainless steel appliances, a gas cooktop, and ample storage. Bright and airy, the living space is enhanced by wide plank laminate flooring and large windows that flood the home with natural light. The spa-inspired bathrooms include tile flooring, quartz counters and contemporary fixtures. Enjoy incredible southwest exposure from both the living area and private balcony – perfect for soaking up the sun and taking in the views. The Encore is known for its exceptional amenities, including a fully equipped gym, outdoor pool with lounge areas, guest suite, bike storage, and inviting common spaces for entertaining. Ideally located in one of Victoria’s most sought-after neighbourhoods, this condo combines comfort, convenience, and resort-style living. More detailsListed by Macdonald Realty Victoria- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
2365 Armstrong Cres in Nanoose Bay: PQ Nanoose Manufactured Home for sale (Parksville/Qualicum) : MLS®# 1011895
2365 Armstrong Cres PQ Nanoose Nanoose Bay V9P 9E6 $442,000Residential- Status:
- Active
- MLS® Num:
- 1011895
- Bedrooms:
- 2
- Bathrooms:
- 1
- Floor Area:
- 720 sq. ft.67 m2
Stunning quarter acre parcel in desirable Nanoose Bay! This property includes a beautifully maintained Manufactured Home, that has been cared for in a high manner. Enjoy air conditioning in the home or take in distant mountain views from your outside deck. The roof and hot water tank are new, there are two outside shops (or sheds) and the Septic has had regular maintenance. With city water, a top location and a private setting, this property is tremendous value in today’s market! Please verify any information that is fundamental to the purchase. More detailsListed by REMAX Professionals- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
5605 Cougar Ridge Pl in Nanaimo: Na North Nanaimo Land for sale : MLS®# 1010873
5605 Cougar Ridge Pl Na North Nanaimo Nanaimo V9T 5R6 $829,900Residential- Status:
- Active
- MLS® Num:
- 1010873
This exceptional 3 unit ocean-view development site is .51 acres and is located in the sought-after Cougar Ridge Estates. This offers a rare opportunity to build in one of North Nanaimo’s most picturesque neighborhoods. Fully serviced with gas, sewer, and water, this property is surrounded by high-end homes, adding to its appeal and value. Currently zoned for three units, the city has expressed interest in the possibility of rezoning for increased density, making this an excellent investment opportunity. Conveniently located near all levels of shopping, dining, and essential amenities, the property is also just a short walk or drive to both elementary and high schools. With parks and beaches nearby, this prime location offers the perfect blend of natural beauty and urban convenience. Don’t miss your chance to develop in one of Nanaimo’s most desirable communities. (Measurements and data approximate; verify if important.) More detailsListed by eXp Realty (NA)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
131 2500 Florence Lake Rd in Langford: La Florence Lake Manufactured Home for sale : MLS®# 1010939
131 2500 Florence Lake Rd La Florence Lake Langford V9B 4H2 $415,000Residential- Status:
- Active
- MLS® Num:
- 1010939
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 966 sq. ft.90 m2
Skip the condo life and enjoy the beauty, spaciousness and privacy of this 2-bed, 2-bath manufactured home in Hidden Valley; a well-run 55+ park in the heart of Langford. Completely renovated in 2023, the home offers a bright, open concept layout, modern kitchen, two generous bedrooms, separate laundry room, heat pump for year-round comfort and ample storage. Outside, bask in your garden oasis featuring watermelons, strawberries, apples, tomatoes, pumpkins, cucumbers and more. Enjoy lounging on your large, sunny deck while your furry friends enjoy the fenced yard. If you ever manage to leave your little slice of paradise, Florence Lake is just steps away and a little beyond that, all of the conveniences of Millstream Village and Costco. Downsize without having to compromise! More detailsListed by Royal LePage Coast Capital – Chatterton- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
3550 Lakeshaw Rd in Cobble Hill: ML Cobble Hill Single Family Residence for sale (Malahat & Area) : MLS®# 1010807
3550 Lakeshaw Rd ML Cobble Hill Cobble Hill V9L 6N5 $1,225,000Residential- Status:
- Active
- MLS® Num:
- 1010807
- Bedrooms:
- 3
- Bathrooms:
- 3
- Floor Area:
- 2,090 sq. ft.194 m2
This gently sloping 10.82-acre property offers the perfect blend of privacy, nature, and potential. Mostly treed and thoughtfully developed, it features a fenced vegetable garden, landscaped flower beds, forest trails, and winding pathways—plus a spacious 38 x 35 ft shop for work or hobbies. Zoned F1 (Forestry & Agricultural), the options here are endless. The 2,090 sq.ft. chalet-style home welcomes you with a tiled mudroom entry and an open-concept kitchen and living area with floor-to-ceiling windows and access to a wrap-around deck—ideal for entertaining. Downstairs offers extra living space with a cozy woodstove, while the top floor is dedicated to the private master suite with ensuite. A peaceful, versatile retreat ready to be your dream home. More detailsListed by RE/MAX Island Properties (DU)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
304 9916 Daniel St in Chemainus: Du Chemainus Condo for sale (Duncan) : MLS®# 1012005
304 9916 Daniel St Du Chemainus Chemainus V0R 1K1 $332,000Residential- Status:
- Active
- MLS® Num:
- 1012005
- Bedrooms:
- 1
- Bathrooms:
- 1
- Floor Area:
- 694 sq. ft.64 m2
TOP FLOOR – OCEANVIEW – Bright and spacious, nearly 700 sq ft top-floor condo in beautiful Chemainus. Enjoy an open concept design, creating a ton of natural light and great for entertaining. The expansive ocean view can be seen throughout the unit, even while in the kitchen. Many updates include brand new quartz countertops in kitchen and bathroom, newer flooring throughout, stainless steel appliances, paint, blinds, and much more. This condo is within walking distance to the Chemainus Village Square for all your shopping needs. Also, walk to Kinsmen Beach Park in only 10 minutes, and Askew Creek Park in only 5. This strata allows pets (see bylaws) and rentals. Book your private showing today! More detailsListed by REMAX Professionals- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
404 935 Johnson St in Victoria: Vi Downtown Condo for sale : MLS®# 1011625
404 935 Johnson St Vi Downtown Victoria V8V 3N5 $589,500Residential- Status:
- Active
- MLS® Num:
- 1011625
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 1,008 sq. ft.94 m2
Downtown living at its finest! This updated 2-bedroom, 2-bath condo is ideally located in the heart of Victoria, just steps from shopping, dining, and all amenities. Perched on the top floor and set on the quiet side of the building, it offers peace and privacy with a bright, open layout. The kitchen has been fully renovated with new LG appliances, complemented by a spacious eating area and modern flooring throughout. The living room features a cozy gas fireplace, while the primary bedroom includes a 4-piece ensuite. Freshly painted, the home also boasts in-suite laundry with a new washer/dryer, secure underground parking, storage, and bike storage. Relax or entertain on the large balcony—perfect for a BBQ. With rentals, pets, and all ages welcome, this is an excellent opportunity to enjoy vibrant city living. Book your showing today! More detailsListed by eXp Realty- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
412 629 Speed Ave in Victoria: Vi Burnside Condo for sale : MLS®# 1011817
412 629 Speed Ave Vi Burnside Victoria V8Z 1A5 $599,900Residential- Status:
- Active
- MLS® Num:
- 1011817
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 776 sq. ft.72 m2
Welcome to your new home! . This brand new corner unit offers a seamless blend of style and convenience, featuring 2 bedrooms and 2 bathrooms and a spacious living area. Revel in the comfort of your own space with the added conveniences of in-suite laundry, quartz countertops, stainless steel appliances, walk in closet, dual vanity, 1 dedicated parking spot, and MODO car share. Designed with a focus on natural light and open-concept living, this unit provides a welcoming atmosphere for both relaxation and entertaining. Situated in midtown with easy access to downtown, the Peninsula and the westshore. With its close proximity to Mayfair Shopping Centre you will enjoy easy access to a wide range of retail, dining, and entertainment options. Includes a dedicated parking space. Experience the perfect blend of modern living and convenience in this exceptional home. Ready to move in today. More detailsListed by RE/MAX Sabre Realty Group- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email