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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705 373 Tyee Rd in Victoria: VW Victoria West Condo for sale (Victoria West) : MLS®# 1032564
705 373 Tyee Rd Victoria V9A 0B3 
$499,999Residential- Status:
- Active
- MLS® Num:
- 1032564
- Bedrooms:
- 1
- Bathrooms:
- 1
- Floor Area:
- 608 sq. ft.
Welcome to Balance at Dockside Green—one of Victoria’s most desirable waterfront communities. This 7th floor 1 bed, 1 bath condo offers 608 sqft of thoughtfully designed living space with bamboo floors and views of the Victoria Harbour. Floor-to-ceiling windows fill the home with natural light, while the open kitchen features granite countertops, stainless appliances, and a gas range. Extensive updates include a new dishwasher, new washer/dryer, new closet doors, new carpet in the bedroom, and new ceiling light fixtures, making this home truly move-in ready. Enjoy secure parking, storage, Pet Friendly Bylaws and a LEED Platinum building focused on sustainability. Bike storage makes it easy to access the Galloping Goose and scenic harbour pathways just outside your door. All this just steps to cafés, shopping, waterfront trails, and an easy walk to downtown Victoria. Exceptional value in a world-class waterfront community. More detailsListed by DFH Real Estate Ltd.- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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871 Moser Pl in Tofino: PA Tofino Land for sale (Port Alberni) : MLS®# 1031223
871 Moser Pl Tofino V0R 2Z0
$6,900,000Residential- Status:
- Active
- MLS® Num:
- 1031223
Rosie Bay Estates, Lot 8. Exceptional viewscapes from various available building sites. Panoramic vistas of Cox Bay, Sunset Point, the open Pacific Ocean, Chesterman Beach, and mountains beyond. Bare land strata lot in a gated retreat setting. Building scheme governs tree removal. Architect ready. Build high on the waterfront above unexpected big waves. out of the local area flood plain. Call the listing agent to arrange a viewing. More detailsListed by RE/MAX Mid-Island Realty (Tfno)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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410 2529 Wark St in Victoria: Vi Hillside Condo for sale : MLS®# 1032553
410 2529 Wark St Victoria V8T 4G7
$560,000Residential- Status:
- Active
- MLS® Num:
- 1032553
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 873 sq. ft.
Quiet, bright, and private top-floor corner suite nested into Quadra Village. Built in 1992 and fully remediated in 2005. This suite offers updated kitchen and bathroom with stainless steel appliances and full size in-suite washer and dryer. The unit comes with a separate storage locker a secure underground parking space and the strata fee includes natural gas and hot water. In addition, this building is pet friendly including allowing one dog of unrestricted size. Great location only steps away from all amenities including groceries, restaurants, coffee shops and only minutes from downtown. A peaceful, move-in-ready home in a very central and connected neighbourhood. Opportunity knocks, will you be the lucky one? More detailsListed by Coldwell Banker Oceanside Real Estate- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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1205 Cherry Point Rd in Cobble Hill: ML Cobble Hill Single Family Residence for sale (Malahat & Area) : MLS®# 1032527
1205 Cherry Point Rd Cobble Hill V0R 1N2
$1,600,000Residential- Status:
- Active
- MLS® Num:
- 1032527
- Bedrooms:
- 6
- Bathrooms:
- 4
- Floor Area:
- 3,593 sq. ft.
Discover a serene private oasis on 2.99 acres with beautiful ocean views. This custom-built 2005 farmhouse-style features West Coast wood accents that blend harmoniously with the natural surroundings. The main level offers level entry and an open-concept design flooded with natural light from vaulted ceilings and skylights. The kitchen boasts quality wood cabinetry, a large work island, and opens to the living room . Enjoy a bright breakfast area, three bedrooms, two bathrooms, and main-floor laundry. An expansive sundeck is ideal for family gatherings .Downstairs you’ll find a spacious rec room, an additional bedroom, and a self-contained one-bedroom suite—perfect for guests..Highlights include a double garage, a level 1,180 sq.ft. detached shop with guest accommodations above, a 6 GPM well, and ample parking for boats, RVs, and toys.Located in desirable Cowichan Bayl, with beach access, marina, and shopping nearby. A perfect blend of privacy, and West Coast living. More detailsListed by RE/MAX Island Properties (DU)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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2270 Leighton Rd in Nanaimo: Na South Jingle Pot Single Family Residence for sale : MLS®# 1028683
2270 Leighton Rd Nanaimo V9R 7C1
$1,449,800Residential- Status:
- Active
- MLS® Num:
- 1028683
- Bedrooms:
- 7
- Bathrooms:
- 5
- Floor Area:
- 3,883 sq. ft.
Better than new custom home with mountain, city & ocean views. 7 BD & 5 BA +Den & a legal 2 BD suite. Located steps from Westwood Lake Park. Main level features a bright, open design w/ quartz counters, modern kitchen, spice kitchen, gas range, & 14’5 foot vaulted ceiling. The primary BD, laundry & additional BD are on the main for convenience. The high-efficiency heat pump, along with gas furnace, fireplace, & hot water on demand provide year-round comfort. 13-panel solar system cuts hydro to near zilch. Upper has 3 BD, 4-PC BA & a covered balcony showcasing beautiful city, mountain, & distant ocean views. Downstairs has a rec. room, Den or guest room & BA, & a private, suite with its own entrance, laundry room & covered patio, ideal for extended family or rental income. With its versatile layout, custom finishes, & prime location near Westwood Lake, all schools, shopping, recreation, parkway access, amenities, transit, this beautiful home checks all the boxes. Move in for the summer! More detailsListed by 460 Realty Inc. (NA)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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542 Thulin St in Campbell River: CR Campbell River Central Single Family Residence for sale : MLS®# 1028232
542 Thulin St Campbell River V9W 2L1
$975,000Residential- Status:
- Active
- MLS® Num:
- 1028232
- Bedrooms:
- 4
- Bathrooms:
- 3
- Floor Area:
- 1,904 sq. ft.
A desirable location, smart updates and impressive ocean and mountain views. This beautifully transformed home has been thoughtfully modernized maximizing style & livability, with upgrades throughout including new electrical & exterior improvements. A major highlight is the sought-after view enjoyed from almost every window. Each level of the 3-tiered landscaping unveils an even more striking vantage point to take in the coastal scenery. Inside, the primary suite is a standout retreat with a gorgeous ensuite & oversized walk-in closet. Two additional upper bedrooms provide great flexibility for family, guests or home office spaces- both framed by beautiful ocean and mountain views. The bathrooms have been finished with a sharp eye for design; tying-in comfort with modern sophistication. Parking with RV hookup completes the package, with room for boats, trailers, and everything needed to live the amazing West Coast lifestyle. More detailsListed by Engel & Volkers Vancouver Island North- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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6255 Sechelt Dr in Nanaimo: Na North Nanaimo Single Family Residence for sale : MLS®# 1032145
6255 Sechelt Dr Nanaimo V9V 1C6
$969,900Residential- Status:
- Active
- MLS® Num:
- 1032145
- Bedrooms:
- 3
- Bathrooms:
- 3
- Floor Area:
- 2,232 sq. ft.
Eagle Point ocean & mountain view family home! This 3 BD 3BA home has plenty of updates, including a bright new kitchen w/ new back splash, soft-close cabinets, stainless gas range & appliances. New flooring, heat pump w/ 3 units provide comfort all year round. Great layout with 3 BD up, large primary w/ updated ensuite, additional laundry, new main BA, 2 more BD w/ access to the front wrap-around view deck & new rear deck/patio w/ hot tub & fenced year yard. Relax and enjoy the ocean views from the large living room w/ gas FP & adjoining dining area. Lower level has been updated, some new flooring, large rec room w/ gas FP & prepped for an in-law suite. Big 5-PC BA & separate laundry is perfect for a suite or extended family. The fenced rear yard is private w/ a variety of trees & space for sun soaked garden beds. Conveniently located across the street from a city park & walking distance to a waterfront access. Close to all north Nanaimo amenities incl. Costco & Woodgrove. More detailsListed by 460 Realty Inc. (NA)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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4609 Sailor Rd in Pender Island: GI Pender Island Single Family Residence for sale (Gulf Islands) : MLS®# 1032568
4609 Sailor Rd Pender Island V0N 2M2
$697,500Residential- Status:
- Active
- MLS® Num:
- 1032568
- Bedrooms:
- 3
- Bathrooms:
- 2
- Floor Area:
- 1,550 sq. ft.
This property is an amazing gem! The South-west facing deck is drenched in sun! Opportunity for home-based business, in-law suite! With one level living on the main floor with primary bedroom & large bathroom it provides convenience and ease for its homeowners. The sliders from dining room to wrap-around deck provide access to views over forested ravine & seasonal pond. Updated decking & stairs work well with brand new lower deck area at the ravine and seasonal pond, where you can spend quite afternoons enjoying the tranquility and sounds of nature. This is an ecological wonder, right in your own backyard! Lower level provides 2 bdms, large bright laundry room & bathroom, with quick access to the yard. This house has been freshly painted and has a brand new WETT certified stove. There are some new windows and slider door. Outdoor shed provides room for all your garden tools. All this on a larger-than-normal Magic Lake Lot. Measurements approx., buyers to verify if deemed important. More detailsListed by Macdonald Realty Victoria- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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550 Norris Rd in North Saanich: NS Deep Cove Land for sale : MLS®# 1032567
550 Norris Rd North Saanich V8L 5M6
$1,149,900Residential- Status:
- Active
- MLS® Num:
- 1032567
This is a truly special opportunity to build your dream home on a special .85 acre property in the heart of North Saanich. Lots like this rarely come available. Gently sloping up from the road, the lot offers excellent sun exposure, privacy, and an ideal natural grade for building and creating stunning distant ocean and mountain views. At 125’x298′, this well-proportioned R-2 parcel has never been built on and has UG services to the lot line, making development straightforward. Surrounded by greenery, neighboring homes are barely noticeable, creating a quiet, secluded setting. Enjoy the best of coastal living with 3 beaches within short 7 min walks, and Deep Cove Marina just 4 min away. A local market, gas station, and popular coffee shop are also nearby, along with many seasonal farm stands and walking trails. The Victoria Airport and Swartz Bay Ferries are only 10 min away. The property also features a mix of smaller trees and established fruit trees, including apple and pear. No GST More detailsListed by Pemberton Holmes Ltd.- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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1161 Stillin Dr in Ladysmith: Du Ladysmith Single Family Residence for sale (Duncan) : MLS®# 1031761
1161 Stillin Dr Ladysmith V9G 1P3
$689,000Residential- Status:
- Active
- MLS® Num:
- 1031761
- Bedrooms:
- 3
- Bathrooms:
- 2
- Floor Area:
- 1,520 sq. ft.
Welcome to this well-located home in the heart of Ladysmith. With three bedrooms and two bathrooms, this home provides a practical two-level layout ideal for families or those seeking extra space. The bright main living area features a spacious kitchen with access to a sunny deck, perfect for relaxing or entertaining. Downstairs, a generous family room with French doors opens to a large backyard, offering plenty of room for kids, pets, or gardening. The garage provides excellent storage and there is ample parking for vehicles or recreational toys. Located close to all levels of schools, the rec center, downtown, and shopping, and within walking distance to Kinsmen Park and nearby trails, this home offers comfort, convenience, and great value. More detailsListed by eXp Realty (NA)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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109 6310 MCROBB Ave in Nanaimo: Na North Nanaimo Condo for sale : MLS®# 1032161
109 6310 MCROBB Ave Nanaimo V9V 1W8
$619,000Residential- Status:
- Active
- MLS® Num:
- 1032161
- Bedrooms:
- 2
- Bathrooms:
- 2
- Floor Area:
- 1,203 sq. ft.
Welcome to this beautiful condo in desirable North Nanaimo. Offering two bedrooms plus a versatile den, this home is within walking distance to shopping, restaurants, schools, entertainment, and transit. Situated in the well-maintained Texada building, this unit features tasteful upgrades including refreshed bathrooms, modern fixtures, and an updated kitchen and fireplace that enhances both style and functionality. Inside, you’ll find hardwood flooring, stainless steel appliances, a kitchen pantry, and 9-foot ceilings that create a bright, open feel. Heated bathroom floors add everyday comfort, and quality window coverings are already in place. The den includes a built-in Murphy bed, making it ideal for guests or a home office. Additional features include in-suite laundry, two parking stalls (one underground and one outside), and a spacious deck accessed from the living room. With no age restrictions, small pets allowed, and rentals permitted, this is a fantastic opportunity. More detailsListed by 460 Realty Inc. (QU)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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4665 Mallard Way in Cowichan Bay: Du Cowichan Bay Single Family Residence for sale (Duncan) : MLS®# 1031896
4665 Mallard Way Cowichan Bay V0R 1N1
$819,000Residential- Status:
- Active
- MLS® Num:
- 1031896
- Bedrooms:
- 2
- Bathrooms:
- 3
- Floor Area:
- 1,249 sq. ft.
Welcome to this bright and well-maintained Cowichan Bay home, set on a beautiful corner lot in a quiet, family-friendly neighbourhood. The main level features an open-concept kitchen, living, and dining area with hardwood flooring and seamless flow from front to back, opening onto a rear paver patio. A front sundeck and timber frame entry add curb appeal, while a cozy gas fireplace anchors the living room. Upstairs offers two extra-large bedrooms, including a primary with a walk-in closet and a 4-piece ensuite, plus a second full bathroom. A powder room is located on the main level. Additional features include a mudroom/laundry off the garage, a private backyard with a paver patio, concrete garden beds, a storage shed, a large crawl space, a single garage, and HardiePlank siding. Enjoy central heating and air conditioning for efficient year-round comfort, all just minutes from Cowichan Bay village and quick highway access for Victoria commuters. More detailsListed by Royal LePage Duncan Realty- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
