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.
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5198 Beckton Rd in Saanich: SE Cordova Bay Single Family Residence for sale (Saanich East) : MLS®# 1020582
5198 Beckton Rd SE Cordova Bay Saanich V8Y 2C1 $1,595,000Residential- Status:
- Active
- MLS® Num:
- 1020582
- Bedrooms:
- 3
- Bathrooms:
- 3
- Floor Area:
- 2,415 sq. ft.224 m2
Welcome to 5198 Beckton Rd, a bright, newly updated and private Cordova Bay view property ideally suited for a family or professionals. With its primary room and en suite, plus two additional bedrooms, laundry and shared bath on the main level, plus a spacious open-concept skylit upper-level with hard wood floors that integrates a gourmet kitchen with Cafe appliances, plus dining, living room, family room and sun deck — all with water views — this lovely home offers plenty of space for entertaining and comfortable living. Downstairs, an additional ground-level flex room offers options ranging from a family room, gym or music room to a generous home office or other useful purposes. Well situated within a short walking distance to Maddox Farm Market, Cordova Bay golf course and schools, this home’s low-maintenance yard features a terraced garden, dry stack rock walls, and a built in irrigation system for easy care. Bring your ideas and passion for fine living home to 5198 Beckton Rd. More detailsListed by Engel & Volkers Vancouver Island- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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204 1010 Bristol Rd in Saanich: SE Quadra Condo for sale (Saanich East) : MLS®# 1020594
204 1010 Bristol Rd SE Quadra Saanich V8X 4R8 $514,900Residential- Status:
- Active
- MLS® Num:
- 1020594
- Bedrooms:
- 2
- Bathrooms:
- 1
- Floor Area:
- 937 sq. ft.87 m2
Surrounded by a Garry Oak forest and nestled in a quiet, secluded setting away from busy streets, this private 2-bedroom, 1-bathroom southwest corner suite offers peaceful living. It features a wood-burning fireplace, new LED lighting, laminate flooring, in-suite laundry, newer windows, newer washer and dryer, fresh paint, and a new hot water tank. The open kitchen includes a coffee bar, and sliding doors from the living room and primary bedroom lead to a spacious south-facing balcony. The dining area enjoys a west-facing window looking out over the grounds. Set on 2.8 acres of park-like grounds with mature plantings, this pet-friendly, home is minutes from Uptown, Saanich Centre, Swan Lake, and the Galloping Goose Trail. Includes one parking spot with potential to rent extra parking. This unit enjoys the security of elevated living but the convenience of main floor accessibility. Immediate possession available. A wonderful blend of comfort, nature, and convenience! More detailsListed by Royal LePage Coast Capital – Chatterton- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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1342 Wood St in Esquimalt: Es Saxe Point Single Family Residence for sale : MLS®# 1020549
1342 Wood St Es Saxe Point Esquimalt V9A 5E1 $1,199,999Residential- Status:
- Active
- MLS® Num:
- 1020549
- Bedrooms:
- 3
- Bathrooms:
- 4
- Floor Area:
- 1,835 sq. ft.170 m2
Experience modern coastal living in this stunning 3-storey custom home, move-in ready and just minutes from Saxe Point Park. This south-facing residence offers 3 bedrooms and 3.5 baths with an open, light-filled layout, sleek quartz countertops, and premium stainless steel appliances. The top level includes two spacious bedrooms with ensuites, while the lower floor features a third bedroom, full bath, and a flexible media room perfect for guests or in-laws. Enjoy the large back deck for outdoor entertaining. Additional features include two parking spaces, a heat pump, and rough-ins for EV charging and central vacuum. Ideally located near parks, grocery stores, shops, and more. School catchments: Macaulay Elementary, Rockheights Middle, and Esquimalt High. Call today to book your appointment! More detailsListed by Luxmore Realty- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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1291 Boulderpath Rd in Metchosin: Me Metchosin Single Family Residence for sale : MLS®# 1020589
1291 Boulderpath Rd Me Metchosin Metchosin V9C 3X5 $2,099,900Residential- Status:
- Active
- MLS® Num:
- 1020589
- Bedrooms:
- 5
- Bathrooms:
- 4
- Floor Area:
- 4,257 sq. ft.395 m2
NEW PRICE Welcome to 13 acres of forested privacy, just 5 minutes from Langford town. Featuring 5 bedrooms, 4 bathrooms with an additional office space. Built with standard lumber frame construction, engineered beams, roof trusses, and elegant cedar siding. Stay comfortable with a brand new wood fireplace (2025) and electric forced-air furnace, plus baseboards for added warmth. Relax in the covered 2017 hot tub on the deck, equipped with a safety breaker. Enjoy ample water from a 425′ well with a 50 gpm recovery rate. The property includes a 200 amp underground service to the house and a separate 100 amp service for the workshop. The meticulously maintained septic tank was recently pumped and inspected in 2024. This home offers both privacy and proximity, balancing seclusion with easy access to Langford town. Experience the best of both worlds in this exceptional property. This property offers ample room & potential for commercial needs or future projects. More detailsListed by Pemberton Holmes Ltd.- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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113 1080 Resort Dr in Parksville: PQ Parksville Townhouse for sale (Parksville/Qualicum) : MLS®# 1020600
113 1080 Resort Dr PQ Parksville Parksville V9P 2E3 $589,000Residential- Status:
- Active
- MLS® Num:
- 1020600
- Bedrooms:
- 2
- Bathrooms:
- 1
- Floor Area:
- 881 sq. ft.82 m2
Absolutely delightful 2 bedroom cottage at Oceanside Village Resort. Vaulted ceilings throughout, a cozy fireplace and decks both front and back to enjoy the peace and quiet. Fully outfitted for either your own personal getaway, home or rent it out through the on site management company. You can even rent it out yourself, the options are many. There is an indoor pool and hot tub for you and your guests. Rathtrevor Provincial Park and beach are just a very short stroll away. There are great restaurants, spas and mini golf all within walking distance. More detailsListed by Royal LePage Parksville-Qualicum Beach Realty (PK)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
2452 Tryon Rd in North Saanich: NS Curteis Point Land for sale : MLS®# 1020545
2452 Tryon Rd NS Curteis Point North Saanich V8L 5H8 $1,050,000Residential- Status:
- Active
- MLS® Num:
- 1020545
Rarely does a property like this become available in Curteis Point, one of North Saanich’s most coveted locations. Surrounded by beautiful custom-built homes, this 0.53 acre parcel offers ocean views and fantastic southern exposure, bathing your future backyard in warm, natural light throughout the day and into the evening. Serviced with municipal water and underground hydro, ready at the lot line. Just a short stroll to scenic beaches ideal for kayaking or paddleboarding, and minutes from the trails at Horth Hill Regional Park. Tucked away on a peaceful and picturesque street, yet only a short drive to BC Ferries, Victoria International Airport, and the charming communities of Sidney and Deep Cove. This is a prime opportunity to bring your dream home to life in an unbeatable North Saanich setting. More detailsListed by Macdonald Realty Ltd. (Sid)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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1899 John Rd in North Saanich: NS Sandown Single Family Residence for sale : MLS®# 1018816
1899 John Rd NS Sandown North Saanich V8L 5S8 $1,500,000Residential- Status:
- Active
- MLS® Num:
- 1018816
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 1,905 sq. ft.177 m2
Fantastic opportunity to own a 5.62 acre farm conveniently located in North Saanich. The property offers a Ranch style home with 2 bedrooms, 2 bathrooms, and 3 sunrooms. This home is flooded with natural light and views of the expansive yard. There are 33 rows of lavender (previously income producing) , pens for farm animals, a detached 2 car garage with workshop, barn, greenhouses, and more! Price + GST More detailsListed by RE/MAX Camosun- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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3914 Gibson Crt in Saanich: SE Ten Mile Point Single Family Residence for sale (Saanich East) : MLS®# 1020363
3914 Gibson Crt SE Ten Mile Point Saanich V8N 6E2 $1,899,000Residential- Status:
- Active
- MLS® Num:
- 1020363
- Bedrooms:
- 4
- Bathrooms:
- 4
- Floor Area:
- 4,156 sq. ft.386 m2
WEDGEWOOD POINT EXECUTIVE HOME IN TEN MILE POINT. Well appointed spacious 4 bedroom, 4 bathroom family home has many features including stained glass entry, oak wainscoting & gleaming oak floors throughout the main living areas will appease the discerning buyer. Entertain in the over-sized living room with natural gas f/p & separate dining room. Kitchen is equipped with newer appliances, huge island, eating area & access to back deck for easy BBQ’s. Laundry room, 3 baths, a den & 3 generously sized bedrooms, including the primary bedroom complete this level. Primary bed features an updated walk-in closet & spa-like 4pce ensuite. Upstairs you’ll find a family room with wet bar & could easily be a Nanny suite or host students, media/rec room, 4-piece bath & 4th bed. Upgrades include gas furnace with AC, heat pump, landscaping, metal fence, hot water tank, remote blinds & more! Walk to Cadboro Bay Village and local beaches, close to UVIC & walking trails. More detailsListed by RE/MAX Camosun- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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407 842 Orono Ave in Langford: La Langford Proper Condo for sale : MLS®# 1020562
407 842 Orono Ave La Langford Proper Langford V9B 2T8 $549,900Residential- Status:
- Active
- MLS® Num:
- 1020562
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 971 sq. ft.90 m2
BELOW ASSESSED VALUE! Discover this stunning, 2-bedroom, 2-bath condo full of style and sunshine! Located on the highly desirable southwest corner, enjoy a private balcony with breathtaking views, abundant natural light through oversized windows, and air conditioning with a modern heat pump. Built by award-winning Viking Properties, this condo features an open living area with separated bedrooms, Euro-inspired two-tone cabinetry, quartz countertops throughout, and quality stainless steel appliances, including an updated induction stove. In-suite washer and dryer. Building perks include secure bike storage, a gym, and a massive south-facing shared patio on the second floor, ideal for socializing or soaking up the sun. Pet-friendly with no weight restrictions, plus a secure covered parking spot with fob entry. Covered by remaining 2-5-10 warranty, with easy access to shopping, transit, cafes & entertainment, and local amenities—this condo has everything you need for fun, modern living! More detailsListed by RE/MAX Camosun- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
3 Grant Rd in Lasqueti Island: Isl Lasqueti Island Single Family Residence for sale (Islands) : MLS®# 1020518
3 Grant Rd Isl Lasqueti Island Lasqueti Island V0R 2J0 $950,000Residential- Status:
- Active
- MLS® Num:
- 1020518
- Bedrooms:
- 1
- Bathrooms:
- 1
- Floor Area:
- 1,320 sq. ft.123 m2
10 acres of oceanfront off grid living on Lasqueti Island. A rare opportunity to own oceanfront in one of North America’s largest off grid communities. This handcrafted log home offers 1,300+ sq.ft. with skylights, wood stoves, and unique artisan details. At the end of a maintained highways road, the property has a short driveway, privacy, and easy access. A drilled well provides fresh water. Level land includes a large fenced garden area suitable for farming or agriculture, and a greenhouse with a wood stove to heat beds for winter growing. Surrounded by mature forest with old growth sized trees, the property offers seclusion and wildlife habitat. A hilltop pond feeds a licensed micro hydro system, complemented by wind turbines for reliable off-grid power. Steps from the ocean, enjoy shoreline access, forest trails, and stunning views. Perfect as a seasonal retreat, full-time escape, or the start of your island lifestyle. More detailsListed by RE/MAX First Realty (PK)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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5560 Kitsuksis Rd in Port Alberni: PA Alberni Valley Manufactured Home for sale : MLS®# 1020303
5560 Kitsuksis Rd PA Alberni Valley Port Alberni V9Y 8V8 $369,900Residential- Status:
- Active
- MLS® Num:
- 1020303
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 1,042 sq. ft.97 m2
Beaver Creek ~ This 2 bedroom manufactured home is surrounded by mature trees and situated on .50 of an acre. The home features 2 bedrooms and 1.5 bathrooms with a family room that could be transformed into a primary bedroom. The home features a heat pump, vinyl windows and less than a year old hot water tank. Conveniently located near an Elementary School, shopping, walking trails and just on the edge of town for easy access to amenities. This home awaits your ideas ! More detailsListed by RE/MAX Mid-Island Realty- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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403 5388 Hill Rise Terr in Saanich: SE Cordova Bay Condo for sale (Saanich East) : MLS®# 1020599
403 5388 Hill Rise Terr SE Cordova Bay Saanich V8Y 3K3 $1,798,000Residential- Status:
- Active
- MLS® Num:
- 1020599
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 1,844 sq. ft.171 m2
PINNACLE at Sayward Hill! Rare opportunity to own one of the most desired locations in this near-new concrete/steel 2019 by JAWL DEVELOPMENTS overlooking CORDOVA BAY GOLF with unobstructed commanding views of Mt. Baker, Salish Sea & beyond. Exceptionally spacious, contemporary 1844sf home, 2BD/2BA, Media Room/Home Office plus bonus Flex room offers a great layout. Top quality finishings with gourmet kitchen, pantry, quartz counters, engineered hardwood floors & in-floor heating in both bathrooms. AC/heat pump, rough-in for central vac, Gas FP, custom built-ins & high-end closet organizers just some of the upgrades. U/G secure parking stall, large storage locker and building amenities inc: fitness gym, workshop, bike storage & SW outdoor pergola gardens. Outdoor entertainment sized, sunny 250sf balcony offers the most stunning OCEANVIEWS in the city, best golf in town just a chip away & Mattick’s Farm local shops just down the hill. More detailsListed by Newport Realty Ltd.- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email