Getting divorced, selling a home?
Pro tips for a smoother split

selling a home after divorce 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.

  1. Each party hires a family lawyer, and a separation agreement is put in place. 
  2. 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.  
  3. 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. 
  4. Get pre-approved, by a bank, for a mortgage based on your equity and income. 
  5. Shop inside your budget, find an appropriate home, and move quickly so you can get settled.
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  • 553 Heatherdale Lane in Saanich: SW Royal Oak Townhouse for sale (Saanich West) : MLS®# 1044773

    553 Heatherdale Lane SW Royal Oak Saanich V8Z 0A4
    Main Photo: 553 Heatherdale Lane in Saanich: SW Royal Oak Townhouse for sale (Saanich West)  : MLS®# 1044773
    $1,149,900
    Residential
    Status:
    Active
    MLS® Num:
    1044773
    Bedrooms:
    4
    Bathrooms:
    3
    Floor Area:
    2,906 sq. ft.
    One of the most desirable homes in the complex, this spacious Royal Oak corner unit features a sought-after primary bedroom on the main level, added privacy, and abundant natural light. A grand tiled entry opens to soaring ceilings, crown moulding throughout the main level, two gas fireplaces with stone surrounds, and a chandelier in the dining area. The kitchen features maple cabinetry, quartz counters, tile backsplash, JennAir stove and fridge, and a 2025 Samsung microwave. The primary suite offers patio access, a large walk-in closet with organizers, and an oversized ensuite with additional built-in storage. Upstairs are three generous bedrooms and an upper deck. Enjoy A/C, full laundry, central vac, and a west-facing backyard with a partially covered patio and gas BBQ outlet. A large side-by-side double garage and long driveway provide excellent parking. Surrounded by mature greenery and close to Royal Oak Shopping Centre, Commonwealth Place, transit, parks, and amenities. More details
    Listed by Royal LePage Coast Capital – Chatterton
  • #3 3255 Rutledge St in Saanich: SE Quadra Townhouse for sale (Saanich East) : MLS®# 1046714

    #3 3255 Rutledge St SE Quadra Saanich V8X 1N6
    Main Photo: #3 3255 Rutledge St in Saanich: SE Quadra Townhouse for sale (Saanich East)  : MLS®# 1046714
    $551,688
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    Status:
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    MLS® Num:
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    Bedrooms:
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    Floor Area:
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    Welcome to The Courtyard! This two bedroom, two level townhome is perfect to get into the market or as a great investment. The main floor features a bright kitchen with lots of cabinets and counter space. The living/dining room has a cozy gas fireplace and leads to a lovely patio. Upstairs you will find a primary bedroom with a 2 piece ensuite and a private deck plus another bedroom and 4 piece bathroom. This home comes with secure underground parking, insuite laundry and a well managed strata that allows pets! This amazing location is within walking distance to Mayfair Mall, Staples, Homesense, Bin 4 Burger Lounge, Uptown Shopping Centre, grocery stores and major bus routes. Right next to beautiful Rutledge park with playground, splash pad, basketball court, walking trails, tennis courts and a large field that features live music in the summer. More details
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  • Lot 11 Coral Pl in French Creek: PQ French Creek Single Family Residence for sale (Parksville/Qualicum) : MLS®# 1046747

    Lot 11 Coral Pl PQ French Creek French Creek V9P 2E1
    Main Photo: Lot 11 Coral Pl in French Creek: PQ French Creek Single Family Residence for sale (Parksville/Qualicum)  : MLS®# 1046747
    $1,799,000
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    Status:
    Active
    MLS® Num:
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    Bedrooms:
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    Bathrooms:
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    Floor Area:
    2,870 sq. ft.
    Welcome to Bayview Estates—just moments from French Creek Marina—this modern contemporary home captures the essence of West Coast luxury living. Thoughtfully designed with striking modern West Coast architecture, this exceptional home will showcase stylish finishes, expansive windows, and a functional layout tailored to today’s lifestyle. The walk-out basement provides additional living space and creates a seamless connection to the backyard, offering flexibility for multi-generational living, accommodating extended family and guests, or creating the ideal space to suit your needs. GST not included. Built with quality craftsmanship and attention to detail, this exceptional residence offers the perfect blend of style, comfort, and functionality. Located in the sought-after Bayview Estates community, Lot 11 presents a rare opportunity to enjoy contemporary new-home living in an exceptional coastal setting. More details
    Listed by Century 21 Harbour Realty Ltd. (PK)
  • 2840 Woodcroft Pl in Shawnigan Lake: ML Shawnigan Single Family Residence for sale (Malahat & Area) : MLS®# 1046733

    2840 Woodcroft Pl ML Shawnigan Shawnigan Lake V0R 2W1
    Main Photo: 2840 Woodcroft Pl in Shawnigan Lake: ML Shawnigan Single Family Residence for sale (Malahat & Area)  : MLS®# 1046733
    $1,688,500
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    Status:
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    MLS® Num:
    1046733
    Bedrooms:
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    Bathrooms:
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    Floor Area:
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    Country living! Stunning, custom built executive residence loc on a lovely park-like fully fenced 2.471 Shawnigan property! This superb rural lifestyle offers a sprawling rancher style home w/a bright open concept living area! You’ll find a huge lvgrm w/a towering vaulted ceiling, gas f/p & captivating forest views, an outstanding chef minded kitchen w/ tiled back splash, a huge master suite w/walk-in closet & 5 piece tiled ensuite w/classy claw foot soaker bath tub, 3 bay garage, superb separate 2 bdrm suite offering mountain views & much more! Heated has gas forced air & AC demand hot water system & nat/gas back up generator w/auto transfer switch. You’ll find a lovely landscaped rear yard w/hot tub, patio, fire pits & fencing! Out front is a fenced horse area, small horse shelter, a carport/hay storage bldg, loads of parking and so much more! Offering remarkable lifestyle options, this meticulous home, suite & property is an acreage lovers dream! So much to come home to! Act fast! More details
    Listed by Sutton Group West Coast Realty
  • #109 1371 Hillside Ave in Victoria: Vi Hillside Condo for sale : MLS®# 1046810

    #109 1371 Hillside Ave Vi Hillside Victoria V8T 2B3
    Main Photo: #109 1371 Hillside Ave in Victoria: Vi Hillside Condo for sale : MLS®# 1046810
    $399,000
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    Bedrooms:
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    Listed by RE/MAX Camosun
  • #204 1405 Esquimalt Rd in Esquimalt: Es Saxe Point Condo for sale : MLS®# 1046824

    #204 1405 Esquimalt Rd Es Saxe Point Esquimalt V9A 0A4
    Main Photo: #204 1405 Esquimalt Rd in Esquimalt: Es Saxe Point Condo for sale : MLS®# 1046824
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    Floor Area:
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    Welcome to The Martello in the heart of Esquimalt! This well-appointed 1 bed, 1 bath, 685 sqft second-floor suite offers a thoughtful floor plan with granite countertops, stainless steel appliances, in-suite laundry, and a Juliette balcony. Custom built-in cabinetry provides exceptional two-way storage. The expansive rooftop patio boasts sweeping views from the Olympic Mountains to Esquimalt Harbour, home of the Royal Canadian Navy’s Pacific Fleet — perfect for relaxing or entertaining. Pet- and family-friendly with no age, rental, or dog size restrictions, plus secure bike storage, dedicated parking, and separate storage. Just steps to parks, beaches, cafés, transit, and only 5 minutes to downtown Victoria. Built in 2010, this is exceptional value in a vibrant, evolving neighbourhood. More details
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  • 436 Constance Ave in Esquimalt: Es Saxe Point Single Family Residence for sale : MLS®# 1038642

    436 Constance Ave Es Saxe Point Esquimalt V9A 6N3
    Main Photo: 436 Constance Ave in Esquimalt: Es Saxe Point Single Family Residence for sale : MLS®# 1038642
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    Bedrooms:
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    Floor Area:
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    Rare waterfront Character Cape Cod inspired home in Saxe Point on level 0.38-acre oceanfront lot w unobstructed views of Strait of Juan de Fuca & Olympic Mountains. Extensively renovated 4,118 sq ft. 6 bed main house, 3 bed/2 bath main level, 2 grand beds up w bath & guest bed +media rm lower level. Self-contained 3-bed suite w quartz kitchen, bath, laundry, private entrance ideal for multi-gen living, rev helper or home office. 2 kitchen, 5 bath 2 laundry. Original wood flrs, French drs, built-ins throughout. Main kitchen w large porcelain tile flr, wood cabinets, granite counter, SS appliances, ocean-views from all areas of the kitchen, large eating area w deck walkout. West-facing yard w unobstructed views, 2 deck & patio. Front w full height mature hedges, garden shed, original stone retaining wall. Driveway for 6+. Heat pump, newly painted exterior. Quiet no-through road. Walk to Saxe Point Park, shopping & transit — one of Victoria, BC’s most desirable waterfront addresses. More details
    Listed by Oakwyn Realty Ltd.
  • #313 1145 Sikorsky Rd in Langford: La Westhills Condo for sale : MLS®# 1046819

    #313 1145 Sikorsky Rd La Westhills Langford V9B 0M8
    Main Photo: #313 1145 Sikorsky Rd in Langford: La Westhills Condo for sale : MLS®# 1046819
    $599,000
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    Status:
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    MLS® Num:
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    Bedrooms:
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    Floor Area:
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    Beautifully maintained 2 bed, 2 bath condo in the sought after Westhills community. Built in 2012, this pet friendly building is perched on the ridge between Glen Lake and Langford Lake, offering stunning lake, mountain & valley views. One of the building’s most desirable floor plans, the spacious layout features bedrooms separated by the main living area, providing added privacy for families, guests, or roommates. Bright, open concept kitchen w/ quartz countertops & ample cabinetry flows seamlessly into the living & dining areas, creating an inviting space for entertaining. Primary bed incl. walk in closet & private 3pc ensuite; 2nd bed is conveniently located near the main bath. Enjoy in suite laundry, secure parking, and a home exceptionally well cared for. Geothermal heating & cooling, w/ heat & hot water incl. in strata fees for added value. Short walk to YMCA, Starlight Stadium, shopping, restaurants, parks & walking trails, in one of Langford’s most desirable neighbourhoods. More details
    Listed by RE/MAX Generation – The Neal Estate Group
  • #813 989 Johnson St in Victoria: Vi Downtown Condo for sale : MLS®# 1046662

    #813 989 Johnson St Vi Downtown Victoria V8V 0E3
    Main Photo: #813 989 Johnson St in Victoria: Vi Downtown Condo for sale : MLS®# 1046662
    $699,900
    Residential
    Status:
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    MLS® Num:
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    Bedrooms:
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    Bathrooms:
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    Floor Area:
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    Jaw dropping unobstructed city, sky, ocean & Olympic Mountain views from this prime SOUTH EAST CORNER! Defined by clean architectural lines, high ceilings & expansive windows, this stunner blends contemporary design with warm inviting finishes. One of the best kitchens in comparable developments with premium grain-matched wood cabinetry, full-size appliances including induction cooktop & quartz tops. Well separated bedrooms with custom-fitted built-in wardrobes, convenient Murphy Bed in the second to maximize flexibility. Award-winning 989 Johnson will impress you the minute you enter via the airy courtyard & walk past main-level Forge Gym to the prime east building, high speed elevator to 8th floor & you’re home, greeted by light, space & comfort. Steel & concrete, secure fob & CCTV systems, in-room & in-parking stall bike racks, locker, U/G Visitor Pkg, low strata fees incl Hot Water. In the heart of Harris Green walkable to EVERYTHING you’ll need or want in vibrant Victoria! More details
    Listed by RE/MAX Camosun
  • #117 960 Jenkins Ave in Langford: La Glen Lake Townhouse for sale : MLS®# 1046620

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    Main Photo: #117 960 Jenkins Ave in Langford: La Glen Lake Townhouse for sale : MLS®# 1046620
    $769,900
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    MLS® Num:
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    Bedrooms:
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    Floor Area:
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    OH Sun 2-3:30 – ONLY 3 LEFT! – END UNIT w/ EXTRA WINDOWS & EXTRA LARGE PATIO. Thoughtfully crafted Townhomes that seamlessly blend everyday functionality with refined design. Situated steps from Belmont Market offering a peaceful retreat with all the conveniences of urban living at your doorstep. The main level boasts a bright, open-concept living space with oversized windows & electric fireplace. Upstairs a well appointed 3 bed sleeping level, including laundry & generous primary with 2 closets & ensuite w/ heated floor. Comfort & quality abound w/ Premium Upgrades Incl 9 ft Vaulted ceilings, Ducted Heat Pump-vents in every bdrm ~43ft tandem garage w/ Epoxy coating, quartz counters & high end laminate floors. With modern design & walkable/bikeable location this home is an exceptional opportunity to live in one of Langford’s most connected neighbourhoods. Photos may not be of the exact unit. Move In Ready! Price+GST. Ask your Realtor if GST & PPTT rebates may apply to you. More details
    Listed by RE/MAX Camosun
  • 3155 Mars St in Victoria: Vi Mayfair Single Family Residence for sale : MLS®# 1046515

    3155 Mars St Vi Mayfair Victoria V8X 1B9
    Main Photo: 3155 Mars St in Victoria: Vi Mayfair Single Family Residence for sale : MLS®# 1046515
    $1,150,000
    Residential
    Status:
    Active
    MLS® Num:
    1046515
    Bedrooms:
    3
    Bathrooms:
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    Floor Area:
    1,449 sq. ft.
    Step inside & relax. This 1948 character home sits on a quiet no through road, offering peaceful neighbourhood living. Warm coved ceilings & original hardwood floors draw you through this classic character home. The living room features a wood burning fireplace, while the kitchen showcases beautiful maple cupboards. French double doors open from the dining room onto the backyard, inviting seamless indoor outdoor flow. The primary bedroom is generous & light filled, with double doors opening to the deck & private backyard. The ensuite features quartz countertops, a big soaker tub, heated floors & generous WIC. Two more beds & 2nd bath complete the floor plan. Step outside & the magic unfolds. A mature cherry tree adds shade & character, while rear access from Highview Street adds flexibility. A garage & tons of basement storage mean you’ve got room for everything, with a modern furnace & heat pump, 200 amp electrical service. Nestled in Mayfair, walkable to schools, parks & shopping. More details
    Listed by The Agency
  • #208 1959 Polo Park Crt in Central Saanich: CS Saanichton Condo for sale : MLS®# 1046840

    #208 1959 Polo Park Crt CS Saanichton Central Saanich V8M 2K1
    Main Photo: #208 1959 Polo Park Crt in Central Saanich: CS Saanichton Condo for sale : MLS®# 1046840
    $415,000
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    Status:
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    MLS® Num:
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    Bedrooms:
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    Bathrooms:
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    Floor Area:
    602 sq. ft.
    Literally, a minute’s walk to all the amenities of Saanichton. This east-facing 1-bed suite boasts glorious morning light, contemporary open concept design, 9ft ceilings, cheater en-suite, eating bar and in-suite laundry. The building, is pet friendly and offers storage & secured parking. Located on bike & transit routes, transportation to all areas of Victoria is just a breeze. Living in Saanichton certainly has plenty to offer; on the bus route to the local recreation center, just a short walk will bring you to great food at local pubs & restaurants, you can step outside & do all your banking, go to medical clinics, pharmacy, grocery, or hardware stores: running your errands all can be done in just a few short steps! The airport, hospital and ferry terminals are just minutes away, and nearby Regional and community parks offer plenty of recreational opportunities! More details
    Listed by RE/MAX Camosun
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