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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#SL 7 608 Cedarwood Way in Parksville: PQ Parksville Land for sale (Parksville/Qualicum) : MLS®# 1014697
#SL 7 608 Cedarwood Way PQ Parksville Parksville V9P 1T5 $399,000Residential- Status:
- Active
- MLS® Num:
- 1014697
Imagine walking from your home down to the beachfront and estuary. Enjoy the wildlife, the natural beauty, and feel time slow down…island style. The new Cedarwood Way subdivision offers you the opportunity to choose your lot, choose your builder and design the home that is right for you. With only 10 fully serviced lots available, now is the time to visit the subdivision, walk the lots and see how this could be your future. In addition to being on the doorstep to a natural wonderland, you are also a short stroll to excellent shopping. From boutiques to restaurants to grocery stores… all minutes away. Enjoy easy access to all major transportation corridors. An excellent opportunity to invest in your future, today. More detailsListed by REMAX Professionals and REMAX Professionals (NA)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
#SL 8 606 Cedarwood Way in Parksville: PQ Parksville Land for sale (Parksville/Qualicum) : MLS®# 1014698
#SL 8 606 Cedarwood Way PQ Parksville Parksville V9P 1T5 $369,000Residential- Status:
- Active
- MLS® Num:
- 1014698
Imagine walking from your home down to the beachfront and estuary. Enjoy the wildlife, the natural beauty, and feel time slow down…island style. The new Cedarwood Way subdivision offers you the opportunity to choose your lot, choose your builder and design the home that is right for you. With only 10 fully serviced lots available, now is the time to visit the subdivision, walk the lots and see how this could be your future. In addition to being on the doorstep to a natural wonderland, you are also a short stroll to excellent shopping. From boutiques to restaurants to grocery stores… all minutes away. Enjoy easy access to all major transportation corridors. An excellent opportunity to invest in your future, today. More detailsListed by REMAX Professionals and REMAX Professionals (NA)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
#SL1 601 Cedarwood Way in Parksville: PQ Parksville Land for sale (Parksville/Qualicum) : MLS®# 1013817
#SL1 601 Cedarwood Way PQ Parksville Parksville V9P 1T5 $349,000Residential- Status:
- Active
- MLS® Num:
- 1013817
Imagine walking from your home down to the beachfront and estuary. Enjoy the wildlife, the natural beauty, and feel time slow down…island style. The new Cedarwood Way subdivision offers you the opportunity to choose your lot, choose your builder and design the home that is right for you. With only 10 fully serviced lots available, now is the time to visit the subdivision, walk the lots and see how this could be your future. In addition to being on the doorstep to a natural wonderland, you are also a short stroll to excellent shopping. From boutiques to restaurants to grocery stores… all minutes away. Enjoy easy access to all major transportation corridors. An excellent opportunity to invest in your future, today. More detailsListed by REMAX Professionals and REMAX Professionals (NA)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
Lot 18 Eagle Dr in Shawnigan Lake: ML Shawnigan Land for sale (Malahat & Area) : MLS®# 1020662
Lot 18 Eagle Dr ML Shawnigan Shawnigan Lake V8H 2J1 $386,000Residential- Status:
- Active
- MLS® Num:
- 1020662
Very private 2.5 acre lot at the end of the road. Zoning allows for a house and a carriage house. Located only 25 minutes from Langford and 35 minutes from Victoria, this property offers the ideal balance of seclusion and convenience. Features include a drilled well, stubbed-in driveway, paved road access, and available power and Telus Fibre Optic internet. More detailsListed by Century 21 Harbour Realty Ltd.- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
3025 Jackson St in Victoria: Vi Mayfair Single Family Residence for sale : MLS®# 1020205
3025 Jackson St Vi Mayfair Victoria V8T 3Z7 $2,700,000Residential- Status:
- Active
- MLS® Num:
- 1020205
- Bedrooms:
- 3
- Bathrooms:
- 3
- Floor Area:
- 3,680 sq. ft.342 m2
Beautifully crafted West Coast home by Coast + Beam Architecture and Horizon Pacific. Wrapped in Japanese Shou Sugi Ban–style siding and steps from Summit Park, this residence blends natural materials with future-focused design. The main level offers 9’–21′ ceilings, floor-to-ceiling windows, three sliding doors to multiple patios, radiant in-floor heat with HRV, exposed cedar beams, and a custom steel staircase. A future elevator shaft is built in and connects all three levels. The kitchen features DEKTON counters, a large island, and Sub-Zero appliances. Main-level primary with a well-finished ensuite. Upstairs offers 9′ ceilings, a loft/lounge, and two additional bedrooms. The lower level includes 9’6" ceilings, a large rec room, flex space, and a bar-ready area. Fenced yard showcased by a large patio area with gas fire pit, BBQ hookup, and future greenhouse zone. More detailsListed by eXp Realty- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
231 First St in Duncan: Du West Duncan Land for sale : MLS®# 1020251
231 First St Du West Duncan Duncan V9L 1R3 $459,900Residential- Status:
- Active
- MLS® Num:
- 1020251
Prime development opportunity in the heart of downtown Duncan. This vacant parcel of land comes with building plans already drafted for a 6-unit townhouse development, thoughtfully designed to mirror the successful project next door. With much of the preliminary groundwork completed by the current owner, this site is well positioned for a smooth transition into construction. Offering the potential to create much-needed housing in Duncan’s vibrant downtown core, this property is ideal for developers seeking a manageable, small-scale project. The planned units could be retained as rentals or sold individually as strata homes, providing flexibility for your investment strategy. A detailed information package is available from your Realtor. More detailsListed by Royal LePage Coast Capital Realty and Royal LePage Coast Capital – Chatterton- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
5287 Gertrude St in Port Alberni: PA Port Alberni Townhouse for sale : MLS®# 1020866
5287 Gertrude St PA Port Alberni Port Alberni V9Y 6L1 $299,000Residential- Status:
- Active
- MLS® Num:
- 1020866
- Bedrooms:
- 4
- Bathrooms:
- 2
- Floor Area:
- 1,865 sq. ft.173 m2
Here is a 3 Bedroom + den (4th bedroom), 2 Bath with garage Townhouse in Spencer Park. Great opportunity for first-time buyers or investors. This 3 level unit of 1800 sq ft of total space has a functional floor plan with spacious bedrooms and in-suite laundry. Located in a family-friendly complex close to schools, shopping, and public transit. Get in the market for under 300k! More detailsListed by RE/MAX Mid-Island Realty- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
176 Barkley Terr in Oak Bay: OB Gonzales Land for sale : MLS®# 1020682
176 Barkley Terr OB Gonzales Oak Bay V8S 2J6 $2,100,000Residential- Status:
- Active
- MLS® Num:
- 1020682
Extremely rare SW-facing, spectacular ocean-view building lot in Oak Bay. See drone video! Overgrowth on property has been removed to create access. Build your dream home on one of Victoria’s most prestigious streets or develop the property under the new municipal bylaws which permit 4 homes. Conceptual renderings and floor plans available. Large, sunny SW-facing lot with endless possibilities. Last undeveloped lot on Barkley Terrace. This opportunity will not come along again. Note, price of $2,100,000 is for land only. LA has interest. More detailsListed by Pemberton Holmes Ltd.- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
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573 Horseshoe Rd in Gabriola Island: Isl Gabriola Island Single Family Residence for sale (Islands) : MLS®# 1020588
573 Horseshoe Rd Isl Gabriola Island Gabriola Island V0R 1X3 $2,100,000Residential- Status:
- Active
- MLS® Num:
- 1020588
- Bedrooms:
- 3
- Bathrooms:
- 3
- Floor Area:
- 3,100 sq. ft.288 m2
Gabriola Island Ocean Views!! Stunning 5-acre ocean view property overlooking Sandwell Provincial Park & Lock Bay! A winding driveway leads past custom rock features & a tranquil waterfall/pond to a newer 3,100+ sq.ft. single-level home filled with natural light. Enjoy spectacular views from most rooms, a chef’s kitchen with heated island, arched beams in the great room, 3 fireplaces, 3 beds, 3 baths with heated floors, & a spacious family/media room. Expansive decks capture sunrises over the ocean, and the gently sloping acreage offers space for gardens, play & future projects, as well as the opportunity to carve your path to Sandwell Park and beach below. Modern comforts include a back-up generator, well & cisterns, a powered/watered shed, and extra transformer for future garage/workshop. Embrace Gabriola’s vibrant island lifestyle, great amenities including medical and dental clinics, groceries, restaurants and more, with easy ferry, Hullo & Helijet access to Nanaimo & the mainland. More detailsListed by Sotheby’s International Realty Canada- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
410 17th Ave in Sointula: Isl Sointula Single Family Residence for sale (Islands) : MLS®# 1020567
410 17th Ave Isl Sointula Sointula V0N 3E0 $1,150,000Residential- Status:
- Active
- MLS® Num:
- 1020567
- Bedrooms:
- 4
- Bathrooms:
- 5
- Floor Area:
- 4,881 sq. ft.453 m2
Designed for versatility, this 2,947 sq. ft. Craftsman/West Coast home is ideal for multi-generational living or income opportunities. The main floor has 3 generously sized bedrooms & 3 bathrooms, while a separate one-bedroom suite is perfect for guests or rental income. The open-plan living area is filled with abundant natural light, & an innate sense of serene comfort. Downstairs, a full bath and flexible space could transform into a second suite or business. Commandingly positioned above the quaint picturesque seaside village of Sointula on Malcolm Island, this home offers ocean & mountain vistas, captivating sunsets, all in a meticulously maintained park like setting. Sitting on 2.86 acres with fruit trees, & vibrant gardens, this property is a peaceful retreat with municipal water/sewer & potential for future subdivision (subject to approval). We invite you to explore the video tour & envision a life where architectural brilliance meets the serene landscapes of Malcolm Island. More detailsListed by eXp Realty (CR)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
1040 Shore Pine Dr in Ucluelet: PA Ucluelet Single Family Residence for sale (Port Alberni) : MLS®# 1020617
1040 Shore Pine Dr PA Ucluelet Ucluelet V0R 3A0 $1,249,000Residential- Status:
- Active
- MLS® Num:
- 1020617
- Bedrooms:
- 3
- Bathrooms:
- 3
- Floor Area:
- 2,455 sq. ft.228 m2
Brand-new home by Clayoquot Construction in Ucluelet’s Oceanwest subdivision. This pre-construction offering features a functional layout with three bedrooms upstairs and an open-concept kitchen/living area on the main floor. A single-car garage provides convenient parking and storage. The lower level includes a self-contained studio suite, ideal for guests, family, or potential rental income. Built to Step Code 5, this home offers excellent energy efficiency and modern comfort. Interior finishings include oak engineered hardwood floors in the main home and vinyl plank in the suite. Appliances are included, and a full finishing list is available in the information package. Projected completion is May 2026 (subject to change). A great opportunity to secure a quality new build in one of Ucluelet’s most sought-after neighbourhoods. More detailsListed by RE/MAX Mid-Island Realty (Uclet)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email
-
Lot B Garry Oak Dr in Nanoose Bay: PQ Nanoose Land for sale (Parksville/Qualicum) : MLS®# 1020675
Lot B Garry Oak Dr PQ Nanoose Nanoose Bay V9P 9G1 $499,000Residential- Status:
- Active
- MLS® Num:
- 1020675
Peaceful Building Lot in Sought-After Nanoose Bay Welcome to 2310 Garry Oak Drive, a tranquil parcel tucked within one of Nanoose Bay’s most desirable neighborhoods. This lot offers a beautiful balance of privacy and convenience, surrounded by evergreens yet only minutes from the ocean, Fairwinds Marina, and the amenities of Parksville and Nanaimo. The property has been prepped for an easy start to construction with municipal water and hydro available, along with a test hole already dug for a proposed septic system. Its gentle topography allows for a variety of home designs, from a single-level residence to a walk-out style plan that follows the natural contours of the land. Here you can create a home that fits seamlessly into its west coast landscape, whether your vision leans toward a modern retreat, a cottage-inspired escape, or a full-time residence surrounded by nature. Build at your own pace and enjoy the quiet, relaxed lifestyle that makes Nanoose Bay so special. More detailsListed by LandQuest Realty Corp. (Interior) and Landquest Realty Corp (Northern)- TOM HOPPER
- RE/MAX Generation – Neal Estate Group
- 1 (250) 8939799
- Contact by Email