Getting divorced, selling a home?
Pro tips for a smoother split
Vancouver Island real estate professional Tom Hopper has important advice for those navigating a separation or divorce, death of a spouse, and selling a home. He also helps buyersfind a new place after the dust settles. Tom works closely with Victoria real estate lawyer Peter DeMeo, who also has important legal information for couples. Here is their best advice for those separating, getting divorced, and selling a home.
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.
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242 1130 Resort Dr in Parksville: PQ Parksville Townhouse for sale (Parksville/Qualicum) : MLS®# 981532
242 1130 Resort Dr PQ Parksville Parksville V9P 2E3 $649,000Residential- Status:
- Active
- MLS® Num:
- 981532
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 1,008 sq. ft.94 m2
Oceanside Village Resort presents this charming Dogwood-style cottage, offering a delightful retreat. Fully equipped, this two-bedroom, two-bathroom cottage boasts a vaulted ceiling, a cozy electric fireplace in the living room, and both front and rear outdoor decks. The primary bedroom, complete with an en-suite, is located upstairs for added privacy. Additionally, the cottage includes a dedicated outdoor storage unit. The resort complex provides a range of amenities, including on-site rental management, an indoor pool, and a fitness center. Just steps away, you’ll find the renowned Rathtrevor Beach Provincial Park, perfect for nature lovers, and The Rip Tide Mini Golf, ideal for family entertainment. Please note that GST applies to the purchase. More detailsListed by Royal LePage Parksville-Qualicum Beach Realty (PK)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
639 Langford St in Victoria: VW Victoria West Single Family Residence for sale (Victoria West) : MLS®# 981451
639 Langford St VW Victoria West Victoria V9A 3C8 $1,269,900Residential- Status:
- Active
- MLS® Num:
- 981451
- Bedrooms:
- 5
- Bathrooms:
- 2
- Floor Area:
- 2,381 sq. ft.221 m2
So much character inside/out of this 1909 home in vibrant Vic West! The well laid out 3-bed 1-bath main home features some of its original charm including over height ceilings, wood burning stove, and stained glass; yet modern luxuries throughout. The kitchen has been beautifully updated with quality cabinets, granite countertops, high end European appliances, tile backsplash, and stunning feature wall. Main is rounded out by generous living room with beautiful character accents, 3 bedrooms, and a charming 4 pc bath. Out back is a sun room ideal for home office or extra storage, double doors to the massive deck with quality built ramp providing no-step access to the huge backyard. Downstairs is a tastefully updated, separate entrance, 2 bed 1 bath suite. Peace of mind fundamental upgrades such as newer vinyl windows, roof, and perimeter drains. The backyard is fully fenced and features mature fruit trees which produce annually. This home is move in ready to be loved by its new owner! More detailsListed by Fair Realty- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
3068 Oakdowne Rd in Oak Bay: OB Henderson Single Family Residence for sale : MLS®# 981327
3068 Oakdowne Rd OB Henderson Oak Bay V8R 5N9 $1,799,000Residential- Status:
- Active
- MLS® Num:
- 981327
- Bedrooms:
- 4
- Bathrooms:
- 2
- Floor Area:
- 2,429 sq. ft.226 m2
For the first time in over 30 years, this impeccably maintained gem is on the market. Perfectly situated on the highly sought-after ‘Lansdowne Slope’, this turn-key home offers breathtaking views of the Olympic Mountains, the ocean, and the city skyline. Set on a sprawling lot, the property is perfect for gardening enthusiasts or those seeking serene outdoor space. The single garage features a convenient EV charger, and there’s no shortage of storage—ideal for organizing all your belongings. Ideally located, this home is just minutes from the prestigious Uplands Golf Club and Victoria Golf Club. Families will appreciate the proximity to top-tier schools, from elementary through to university. Outdoor enthusiasts will love being near Gyro Beach, scenic walking trails, and parks, while daily conveniences are just a short drive away with all essential amenities close at hand. Meticulously cared for over the years, this home is truly move-in ready. Bring your things and move in with ease. More detailsListed by RE/MAX Camosun- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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1208 Otter Bay Rd in Pender Island: GI Pender Island Single Family Residence for sale (Gulf Islands) : MLS®# 981546
1208 Otter Bay Rd GI Pender Island Pender Island V0N 2M1 $1,250,000Residential- Status:
- Active
- MLS® Num:
- 981546
- Bedrooms:
- 2
- Bathrooms:
- 1
- Floor Area:
- 750 sq. ft.70 m2
Custom cottage on 5.43 Acres of Land with Ocean Views. This stunning property offers a unique opportunity to own a piece of the West Coast, with breathtaking ocean views of the Gulf Islands. Located in a coveted Southwest-facing position, the land is conveniently situated across the street from the ocean, providing public access to the water just steps away. The self-contained cottage, 2 bed 1 bath, timberframed/log home, creating a private oasis. Seasonal stream to the west and if you follow the trail to the top of the property, you will encounter a large clearing with king of the mountain scenery. This property is in the process of being subdivided, with two drilled wells and septic in place for the cottage with a perk test on the adjacent lot of the original 5.43 acres. 2 drilled wells, perk test, and a current subdivision proposal survey, with easy access to power. All measurements are approximate buyer to verify. More detailsListed by Dockside Realty Ltd.- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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2870 Caswell St in Chemainus: Du Chemainus Half Duplex for sale (Duncan) : MLS®# 981502
2870 Caswell St Du Chemainus Chemainus V0R 2K3 $599,900Residential- Status:
- Active
- MLS® Num:
- 981502
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 1,304 sq. ft.121 m2
Welcome to 2870 Caswell Street, a well-maintained half-duplex in the heart of Chemainus. Built in 2004, this single-level home features an open floor plan, combining the dining and living areas with a cozy natural gas fireplace and a 2022 heat pump for year-round comfort. This bright and inviting home offers two bedrooms, a den, and two bathrooms, perfect for downsizers, small families, or those seeking a peaceful retreat. The living room leads to a private, fenced yard with a tranquil pond and patio—ideal for relaxing or entertaining. Located in a quiet neighborhood, you’re within walking distance of restaurants, grocery stores, the famous Chemainus Theatre, and the ocean. Enjoy easy access to the Cowichan Valley Trail, Mount Brenton Golf Course and short drive to Duncan, and the Nanaimo Airport. With a single-car garage and low-maintenance landscaping, this home is move-in ready. Don’t miss this opportunity to live in a vibrant community while enjoying convenience and tranquility. More detailsListed by Royal LePage Nanaimo Realty LD- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
3704 Wild Berry Bend in Langford: La Happy Valley Single Family Residence for sale : MLS®# 981489
3704 Wild Berry Bend La Happy Valley Langford V9C 4M7 $735,000Residential- Status:
- Active
- MLS® Num:
- 981489
- Bedrooms:
- 3
- Bathrooms:
- 2
- Floor Area:
- 1,237 sq. ft.115 m2
Move in by Christmas! Welcome to this fabulous family neighborhood-Valley View Estates! This detached home is arguably the best value in the Westshore and there’s no strata fees! This is the perfect starter home or even wonderful for downsizers as it is a one level home! With a playground just down the street & a fantastic elementary school within walking distance via the Galloping Goose Trail. This is truly a family friendly location. This home offers 3 bedrooms and 2 bathrooms and features a large great room with gas fireplace, open kitchen and dining room-all with vaulted ceilings. The large master bedroom with en-suite also offers a quiet walk out patio for BBQ and a glass of wine. Plenty of parking with a separate garage and 2 spots in the driveway and located on a cul de sac. Brand new flooring and paint throughout, this home is move in ready! Check out the virtual tour and book your private showing today, this one won’t last long! More detailsListed by Coldwell Banker Oceanside Real Estate- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
504 732 Broughton St in Victoria: Vi Downtown Condo for sale : MLS®# 981434
504 732 Broughton St Vi Downtown Victoria V8W 3E9 $649,000Residential- Status:
- Active
- MLS® Num:
- 981434
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 736 sq. ft.68 m2
Welcome to The SoMA! This contemporary Sub Penthouse two-bedroom, two-bathroom condo offers an ideal downtown Victoria lifestyle in a quiet area. Featuring an open-concept living space, a sleek kitchen with stainless steel appliances and quartz countertops, radiant heating throughout, and hot water on-demand, this unit is designed for modern comfort. Enjoy the convenience of in-suite laundry, secure underground parking, and a private South facing balcony with city views. With easy access to restaurants, shops, and attractions such as the Royal Theater and Japanese Gardens just steps away, and the inner harbor minutes on foot, this location boasts a nearly perfect Walkscore of 99 and a bike score of 96. Don’t miss this fantastic opportunity to experience vibrant downtown living at its finest! Additionally, this residence offers rare residential/commercial zoning, or business use. More detailsListed by eXp Realty- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
1440 Bush St in Nanaimo: Na Central Nanaimo Single Family Residence for sale : MLS®# 981384
1440 Bush St Na Central Nanaimo Nanaimo V9S 1J9 $684,900Residential- Status:
- Active
- MLS® Num:
- 981384
- Bedrooms:
- 3
- Bathrooms:
- 2
- Floor Area:
- 1,610 sq. ft.150 m2
Welcome to 1440 Bush St, a 3-bedroom, 2-bathroom family home located in the heart of Central Nanaimo. Upstairs, the spacious living room features newer engineered hardwood floors, connecting to the kitchen and dining area. From here, there is access to the large, fully fenced backyard—perfect for family gatherings and pets. The main floor has a 4-piece bathroom and 3 generously sized bedrooms, including the primary bedroom, ensuring plenty of space for the entire family. Downstairs, you’ll find a second living area, ideal for a family room or play space. There’s also a versatile den that could easily be converted into a 4th bedroom. This level includes a laundry room, another 4-piece bathroom, and direct access to the garage for added convenience. (measurements and data approximate and should be verified if important.) More detailsListed by eXp Realty- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
613 Stevens Pl in Ladysmith: Du Ladysmith Single Family Residence for sale (Duncan) : MLS®# 981548
613 Stevens Pl Du Ladysmith Ladysmith V9G 2C6 $1,199,900Residential- Status:
- Active
- MLS® Num:
- 981548
- Bedrooms:
- 4
- Bathrooms:
- 5
- Floor Area:
- 3,506 sq. ft.326 m2
Are you looking for a home w/fantastic Ocean views in a safe, friendly neighborhood close to small town amenities. Welcome to 613 Stevens Plc Ladysmith. Built in 2010, 3506 sqft 4 bedrm/4 bath with 2 HUGE ocean view balcony-decks & legal suite. Enjoy the Virtual walking tour w/3D media video link. Elegant floor plan offers main level Gourmet kitchen-rich Maple custom cabinets of luscious chocolate brown, huge Island-granite counters, eating nook, pantry & lots of storage; separate dining room, Office/Den, Primary bedrm w/ensuite-Jacuzzi tub & separate shower, & walk-in closet. 2nd bedrm, bathrm, & laundry rm. Both Kitchen & Primary bedrm with door access to balcony. Lower level has family/rec room-Wet Bar w/access to balcony deck, & 1 bedroom suite. Features incl. custom crown mouldings, 2 Natural gas fireplaces, STORAGE galore in 727 sqft crawl space w/6 ft height ceiling, & 20’x19’ garage. Located on landscaped .27ac lot, off a quiet cul-de-sac with access down a private driveway. More detailsListed by Royal LePage Nanaimo Realty LD- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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202 257 S Moilliet St in Parksville: PQ Parksville Condo for sale (Parksville/Qualicum) : MLS®# 981501
202 257 S Moilliet St PQ Parksville Parksville V9P 0B3 $419,000Residential- Status:
- Active
- MLS® Num:
- 981501
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 1,010 sq. ft.94 m2
Welcome to Avista at 202-257 Moilliet St S – a spacious 2 Bed, 2 Bath, 1010 sq ft low-rise condo in central Parksville, walking distance to downtown amenities & the waterfront. Light, bright, freshly painted & move-in ready this suite boasts warm-toned décor, maple floors, granite counters, a stunning rock surround fireplace & oversized windows. The well-appointed kitchen features SS appliances with an inviting eating bar. The generous primary bed includes a walk-in closet and 3-piece ensuite. An additional bed, main bath, and convenient in-suite laundry complete the package. Rainscreen technology elevates this development above others in the area. A generous balcony, designated parking & storage locker add further convenience. Attractively priced, this condo is ideal for first-time buyers, downsizers, or investors. Parksville’s beach town charm, mild climate, and vacation lifestyle make this a wonderful place to call home. Strata allows for rentals & pets are welcome. Meas. approx. More detailsListed by RE/MAX of Nanaimo- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
7101 Francis Rd in Sooke: Sk Whiffin Spit Single Family Residence for sale : MLS®# 981531
7101 Francis Rd Sk Whiffin Spit Sooke V9Z 0T7 $949,900Residential- Status:
- Active
- MLS® Num:
- 981531
- Bedrooms:
- 4
- Bathrooms:
- 3
- Floor Area:
- 1,986 sq. ft.185 m2
Located in an idyllic family neighbourhood just minutes from Sooke’s Whiffin Spit, this beautiful 3 bedroom + den/3 bathroom home’s parklike setting offers a sense of peace + tranquillity, perfect to come home to after a long day. Step inside to discover a warm + inviting living area, grand vaulted ceilings, gas fire place + plenty of natural light, perfect for gathering with your loved ones. A spacious kitchen, coffee bar, breakfast nook and living room, all offer picturesque views of your pristine backyard and a treed green space. Among the 3 bedrooms up, you’ll find your primary bedroom, overlooking green space, with walk-in closet + spa-like ensuite. No shortage of storage space thanks to its massive crawlspace. Outside, a treed green space behind compliments the already large 0.22 acre lot, making it feel even more private. A skookum shed, solid patio + fruit trees are add’l bonuses. Don’t miss your chance to call this your family’s new home! More detailsListed by Maxxam Realty Ltd.- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
304 1560 Hillside Ave in Victoria: Vi Oaklands Condo for sale : MLS®# 981535
304 1560 Hillside Ave Vi Oaklands Victoria V8T 5B8 $500,000Residential- Status:
- Active
- MLS® Num:
- 981535
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 1,168 sq. ft.109 m2
Downsize with Style! Discover the perfect blend of comfort and convenience in this charming 2-bedroom, 2 full bathroom condo nestled within a 55+ community with a proactive strata. Well managed complex has had significant projects completed and substantial contingency in place. This inviting home boasts an enclosed balcony that provides serene views of the beautifully landscaped grounds on the quiet side of the property—ideal for relaxation or entertaining guests. The spacious unit features a cozy fireplace, in-suite laundry, secure underground parking, and additional storage. Enjoy effortless access to a variety of dining, shopping, and entertainment options at nearby Hillside Shopping Centre, with transit right at your doorstep. Embrace a vibrant lifestyle in this sought-after locale! More detailsListed by Pemberton Holmes Ltd. – Oak Bay- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email