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.
-
406 788 Humboldt St in Victoria: Vi Downtown Condo for sale : MLS®# 993056
406 788 Humboldt St Vi Downtown Victoria V8W 4A2 $915,000Residential- Status:
- Active
- MLS® Num:
- 993056
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 1,259 sq. ft.117 m2
Luxurious south facing corner Two Bedroom/ Two Bath Plus Den in the sought after Belvedere. Tons of huge windows & southern exposure bath this home in natural light. Brilliant floor plan designed for open areas & separate spaces. Southeast and southwest facing balconies allow for outstanding airflow and all-day sun exposure. Lofty coffered ceilings with recessed lighting. Immaculate unit in like new condition with premium appliances. Very well-maintained steel and concrete building with bike rooms, workshop, spacious common lounge, large storage lockers, separate cardio and weight rooms. The Belvedere is a crowning jewel of renowned developer Concert Properties. Central location steps from Victoria’s world renown Inner Harbor, Empress Hotel, St. Ann’s Academy, Beacon Hill Park, Museums, Art Galleries, Restaurants, Cafes, Downtown Shopping, Theatres, and almost every amenity you can imagine. Pets allowed – no size restrictions. Walk Score 99/ Transit Score 92/ Bike Score 87. More detailsListed by Pemberton Holmes Ltd. – Oak Bay- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
223 2885 Boys Rd in Duncan: Du East Duncan Manufactured Home for sale : MLS®# 992824
223 2885 Boys Rd Du East Duncan Duncan V9L 4Y9 $275,000Residential- Status:
- Active
- MLS® Num:
- 992824
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 634 sq. ft.59 m2
The outdoor entertaining space here is like nothing you have ever seen before! With 367sq.ft of covered, cozy & expansive patio space, you can spend all day & night out here. Discover the perfect blend of comfort, convenience & community in this beautifully maintained & updated 2 bed, 2 bath home with an attached double carport, storage shed & bonus workshop – extra space for hobbies, storage or toys. Inside the home you will find a great use of space with its remodelled kitchen, spacious living room, secondary bedroom, 4pc bath & primary bedroom with a 2pc bathroom. There is also a mudroom with laundry & extra storage. Features: ductless heat pumps, metal roof, vinyl windows & updated flooring, paint & fixtures throughout. Pristine condition! If you like spend time outside, bbq with friends & enjoy a great patio moment with privacy, this one is a must see. This 55+ community is well managed, has maintained grounds, a quiet & friendly atmosphere & does not allow rentals or cats & dogs. More detailsListed by eXp Realty (DU)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
927 Arbutus Ave in Duncan: Du East Duncan Single Family Residence for sale : MLS®# 992419
927 Arbutus Ave Du East Duncan Duncan V9L 5X5 $1,200,000Residential- Status:
- Active
- MLS® Num:
- 992419
- Bedrooms:
- 5
- Bathrooms:
- 3
- Floor Area:
- 3,365 sq. ft.313 m2
Perched in the heart of Maple Bay, this glorious & sophisticated home offers breathtaking, dreamy ocean views that glisten in the sunlight—a sight to daydream about. This iconic location is just steps to swimmable beaches, scenic hiking/mountain biking trails up Maple Mountain, the local general store, pub, boat launch, and public wharf. A little further, you’ll find tennis and pickleball courts, an off-leash dog park, kids park, coffee shop and more. Beautifully maintained, this stunning home boasts breathtaking views from almost every window, 3365sq.ft of refined living space, 5 bedrooms, 3 bathrooms and main level living to suit any walk of life. While an unfinished basement awaits your creative touch or can remain as-is to function as a workshop or additional storage. This one of a kind home also features a newer heat pump, updated roof, meticulous care & a bonus parking area below. A rare opportunity to own a piece of paradise in this coveted coastal community. More detailsListed by eXp Realty (DU)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
1005 Karen Cres in Saanich: SE Swan Lake Single Family Residence for sale (Saanich East) : MLS®# 993000
1005 Karen Cres SE Swan Lake Saanich V8X 3C7 $1,250,000Residential- Status:
- Active
- MLS® Num:
- 993000
- Bedrooms:
- 5
- Bathrooms:
- 3
- Floor Area:
- 2,037 sq. ft.189 m2
OPPORTUNITY! This beautifully updated home located in the Swan Lake District showcases exceptional craftsmanship and thoughtful design. Renovations include a custom kitchen with walnut cabinetry, granite countertops, and high-end appliances. The home features elegantly updated bathrooms, hardwood floors, and custom-built storage in the bedrooms. With over 600 sq/ft of deck space, it’s perfect for year-round entertaining. The renovated 2-BED SUITE on the lower level offers monthly revenue or could be reintegrated into the main home for extra living space. Nestled in a quiet, family-friendly cul-de-sac, this property sits on a spacious low-maintenance lot just steps from the Galloping Goose Trail and Swan Lake. Schools, shopping, and bus routes to Camosun and UVIC are all within walking distance. Located in a sought-after neighborhood, this home blends comfort, convenience, excellent Feng Shui, and investment potential. Offers, if any, will be reviewed on March 27th at 4:00 PM. More detailsListed by Sotheby’s International Realty Canada- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
605 379 Tyee Rd in Victoria: VW Victoria West Condo for sale (Victoria West) : MLS®# 993023
605 379 Tyee Rd VW Victoria West Victoria V9A 0B4 $559,900Residential- Status:
- Active
- MLS® Num:
- 993023
- Bedrooms:
- 1
- Bathrooms:
- 1
- Floor Area:
- 613 sq. ft.57 m2
Discover the Best of Vic West Living at Dockside Green. Luxurious 1-bedroom, 1-bath condo with stunning ocean views. Located in one of Victoria’s most desirable buildings, Dockside Green offers LEED Platinum construction, energy efficiency, and eco-friendly features. The suite boasts floor-to-ceiling windows, filling the space with natural light and showcasing views of the Inlet, the bridge, and downtown. Open-concept kitchen features granite countertops, stainless-steel appliances, and an updated dishwasher. Enjoy newer hardwood flooring, 9-foot ceilings, and deck with a BBQ hookup. Additional highlights include in-suite laundry with 2024 washer/dryer, a luxurious bathroom, storage locker, and ample storage for kayaks and bicycles. Low strata fees, parking and pets allowed! Just steps from the Galloping Goose Trail and minutes from downtown, this home is close to coffee shops, shopping, and top dining spots like Spinnakers and Boom & Batten. Move-in ready and easy to view! More detailsListed by RE/MAX Camosun- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
1160 Readings Dr in North Saanich: NS Lands End Single Family Residence for sale : MLS®# 991825
1160 Readings Dr NS Lands End North Saanich V8L 5L2 $1,895,000Residential- Status:
- Active
- MLS® Num:
- 991825
- Bedrooms:
- 5
- Bathrooms:
- 4
- Floor Area:
- 3,202 sq. ft.297 m2
Charming Ocean-View Retreat in North Saanich! Set in a peaceful country setting with lovely ocean views, this impeccably maintained 3200 Sq.Ft. 5 bedroom / 4 Bathroom home offers bright, main-level living with a spacious primary suite + ensuite. Large windows flood the interior with natural light in all rooms. You’ll enjoy the spacious, well appointed kitchen & accompanying nooks. Cozy up in the ocean-view sitting room or relax by the propane fireplaces.The large NW-facing deck is perfect for entertaining and enjoying warm spring and summer nights. Downstairs offers extra bedrooms and a well-appointed in-law suite, ideal for guests or extended family. With a double garage and detached single garage, there’s plenty of storage for vehicles and hobbies. Located in sought-after North Saanich, this home is a rare find for those seeking tranquility, space, and breathtaking views. Book your private showing today! More detailsListed by RE/MAX Camosun- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
B30 920 Whittaker Rd in Malahat: ML Malahat Proper Manufactured Home for sale (Malahat & Area) : MLS®# 992933
B30 920 Whittaker Rd ML Malahat Proper Malahat V0R 2L0 $109,900Residential- Status:
- Active
- MLS® Num:
- 992933
- Bathrooms:
- 1
- Floor Area:
- 583 sq. ft.54 m2
This 6,000 sq ft property offers a perfect space for relaxation, outdoor activities, and family gatherings. Located in a pet-friendly park, it’s just a short walk to Spectacle Lake Provincial Park, where you can enjoy sandy beaches, scenic hiking trails, and a refreshing lake for swimming in the summer. Ideal for those looking for an affordable home or vacation retreat, this property is situated in a peaceful, community-oriented setting near the lake. The home features a roomy bachelor layout, with a privacy curtain separating the bedroom from the living area, offering flexibility and comfort. The kitchen and bathroom have been updated for modern living. Experience the ideal balance of privacy and community, with easy access to the lake and its outdoor amenities. Please note that both buyers and pets are subject to park tenancy regulations. More detailsListed by Macdonald Realty- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
4254 Hayden Crt in Saanich: SW Northridge Single Family Residence for sale (Saanich West) : MLS®# 992873
4254 Hayden Crt SW Northridge Saanich V8Z 6S2 $888,000Residential- Status:
- Active
- MLS® Num:
- 992873
- Bedrooms:
- 2
- Bathrooms:
- 1
- Floor Area:
- 1,158 sq. ft.108 m2
Located at the end of a quiet cul-de-sac in Northridge, this charming 2 bed+den/1 bath rancher offers a wonderful opportunity to lay down roots in a community you’ll be proud to call home. The bright open floor plan features hardwood & tile floors, large picture windows & welcoming living room. The kitchen is full of potential, with a bright skylight and a layout that connects seamlessly to the dining area. A versatile den with side yard entry adds flexibility for a home office, hobby space or mudroom. Outside, enjoy a private fenced yard with patio & garden space, a detached garage & an extra-long driveway with space for a boat or RV. Whether you’re walking the kids to Northridge Elementary just around the corner or downsizing into a quieter pace of life, you’ll appreciate the nearby trails, amenities & easy access to downtown, the Peninsula & Westshore. This is a home that makes sense—for now and for the future. Quick possession is possible, so don’t wait to make it yours. More detailsListed by Royal LePage Coast Capital – Chatterton- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
TH1 370 Waterfront Cres in Victoria: Vi Rock Bay Townhouse for sale : MLS®# 992628
TH1 370 Waterfront Cres Vi Rock Bay Victoria V8T 5K3 $1,295,000Residential- Status:
- Active
- MLS® Num:
- 992628
- Bedrooms:
- 3
- Bathrooms:
- 3
- Floor Area:
- 2,240 sq. ft.208 m2
In the prestigious Selkirk waterfront, this sophisticated corner townhome offers a seamless blend of refined elegance, incredible upgrades & low-maintenance luxury. Step inside to discover a sunlit interior designed for effortless entertaining in the open-concept living/dining area. The chef’s kitchen features quartz counters, full pantry & curated suite of premium appliances that opens to a private patio ideal for al fresco evenings. Upstairs, the primary suite delivers a boutique hotel experience with double closets, serene park/water views & lavish en-suite. Two more bedrooms & a lower flex room w/patio offer versatile space. This pet-friendly home is ideal for the executive buyer seeking lock & leave simplicity without compromising on space, quality, or location. With cafés, fine dining & the Galloping Goose Trail just steps away—& the waterfront always within reach—this exceptional offering is a rare opportunity to live beautifully in one of the city’s most coveted communities. More detailsListed by Royal LePage Coast Capital – Chatterton- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
2728 Lintlaw Rd in Nanaimo: Na Diver Lake Single Family Residence for sale : MLS®# 990007
2728 Lintlaw Rd Na Diver Lake Nanaimo V9T 5P6 $779,900Residential- Status:
- Active
- MLS® Num:
- 990007
- Bedrooms:
- 4
- Bathrooms:
- 3
- Floor Area:
- 2,472 sq. ft.230 m2
Welcome to 2728 Lintlaw Road, a beautifully updated 4-bedroom, 3-bathroom home in the desirable Diver Lake neighborhood. Located on a quiet cul-de-sac across from Horth Park’s permanent green space, this home sits on a generous 9,500+ sq. ft. lot. Inside, you’ll find modern upgrades, including vinyl windows and two ductless heat pumps for efficient heating and cooling. The spacious primary suite is a true retreat, measuring 13’7” x 25’2”, with an impressive 11’2” x 11’3” ensuite featuring a soaker tub and walk-in shower. The bright kitchen offers skylights and an eating nook, flowing into the family room with access to a large deck—perfect for entertaining. A two-car garage provides secure parking and extra storage. With nature at your doorstep and schools, shopping, and recreation nearby, this is a rare opportunity to own a well-maintained home in a fantastic location! Homes like this don’t come to market often, schedule your viewing today! More detailsListed by Royal LePage Nanaimo Realty (NanIsHwyN)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
824 Monterey Ave in Oak Bay: OB South Oak Bay Single Family Residence for sale : MLS®# 992986
824 Monterey Ave OB South Oak Bay Oak Bay V8S 4V2 $1,275,000Residential- Status:
- Active
- MLS® Num:
- 992986
- Bedrooms:
- 5
- Bathrooms:
- 2
- Floor Area:
- 1,581 sq. ft.147 m2
Centrally located in the highly desirable neighbourhood of South Oak Bay, this 1957 House rests on a large / level 7,847 square foot lot with West Facing Backyard. Recent Updates include Paint inside / out, Roof, Updated Electrical with 200 Amp Service, New Windows, High Efficiency Furnace and Engineered Hard Wood Floors. There is still some work required: Needs Kitchen and Basement is semi-completed but lots of work has been done. Priced – $170K Below BC Assessment this Home offers tremendous value for those who are prepared to finish the renovation. More detailsListed by RE/MAX Generation- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
50 1247 Arbutus Rd in Parksville: PQ Parksville Manufactured Home for sale (Parksville/Qualicum) : MLS®# 992746
50 1247 Arbutus Rd PQ Parksville Parksville V9P 1R4 $293,000Residential- Status:
- Active
- MLS® Num:
- 992746
- Bedrooms:
- 2
- Bathrooms:
- 1
- Floor Area:
- 883 sq. ft.82 m2
Well-maintained and move-in ready, this updated double-wide home is located in the desirable 55+ Parksville Mobile Home Park, just a short walk to Rathtrevor Beach and close to Parksville amenities, with easy access to Nanaimo and Qualicum Beach. Featuring 2 bedrooms and 1 bath, this home offers modern upgrades including drywall throughout, updated flooring, new blinds on vinyl windows, and refreshed kitchen and bath cabinetry. Stay comfortable year-round with a heat pump and baseboard electric heating. Enjoy covered front and back decks with easy-care vinyl, new railings, and stairs. The partially fenced yard includes two separate storage/workshops, perfect for hobbies or extra space. This quiet, well-managed park allows pets with approval. Relax and enjoy the best of Island living! More detailsListed by eXp Realty (NA)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email