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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2765 Fernwood Rd
Vi Oaklands Victoria V8T 3A3

$865,000
Residential beds: 3 baths: 2.0 1,214 sq. ft. built: 1959

CHARMING OAKLANDS HOME
Photo 1: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 2: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 3: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 4: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 5: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 6: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 7: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 8: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 9: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 10: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 11: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 12: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 13: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 14: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 15: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 16: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 17: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 18: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 19: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 20: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 21: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 22: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 23: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 24: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 25: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 26: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 27: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 28: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 29: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 30: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 31: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 32: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 33: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 34: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 35: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 36: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 37: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 38: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 39: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 40: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 41: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 42: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 43: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 44: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 45: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 46: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Photo 47: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
Status:
Sold
Sold Date:
Jun 05, 2026
Sold Price:
$865,000
Sold in:
24 days
Prop. Type:
Residential
MLS® Num:
1036562
Bedrooms:
3
Bathrooms:
2
Year Built:
1959
Single-level living in the heart of Oaklands! A 1959 home that's been quietly cared for, with two bedrooms, two bathrooms, and a large den that works as a third bedroom or office (no closet). The living room flows to the kitchen and eating area, which opens onto the composite deck. A heat pump keeps things comfortable year-round, the fenced yard takes kids, dogs, or a vegetable garden, and a carport keeps the car dry. The storage is a real surprise: a dry crawl-space with a workshop area and windows looking out to the yard! Step out the front door and you're a ten-minute walk to Haultain Corners, a fourteen-minute walk to Fernwood Square for the Belfry and Cornerstone Cafe, or a four-minute drive to Hillside Centre. One of the most walkable corners of Victoria! A great spot to start out, slow down, or settle in. PRE-INSPECTION AVAILABLE.
Property Type:
Residential
Type:
Single Family Residence
Year built:
1959 (Age: 67)
Living Area:
1,214 sq. ft.
Listing General Location:
Vi Oaklands, Victoria
Bedrooms:
3
Bathrooms:
2.0 (Full:-/Half:-)
Lot Size:
6,450 sq. ft.
Lot Details:
50x129
Kitchens:
1
Taxes:
$5,072.07 / 2025
Construction:
Frame Wood, Stucco
New Construction:
No
Basement:
Crawl Space, Not Full Height, Partially Finished, Walk-Out Access, With Windows
Foundation:
Concrete Perimeter
Electricity:
Yes
Roof:
Asphalt Shingle
Other Structures:
Workshop
Floor finish:
Concrete, Hardwood, Linoleum, Mixed, Tile
Total Building Area:
1,340 sq. ft.
Total Unfinished Area:
126 sq. ft.
# Bedrooms or Dens Total:
3
# Main Level Bedrooms:
3
# Second Level Bedrooms:
0
# Third Level Bedrooms:
0
# Lower Level Bedrooms:
0
# Other Level Bedrooms:
0
# Main Level Bathrooms:
2
# Second Level Bathrooms:
0
# Third Level Bathrooms:
0
# Lower Level Bathrooms:
0
# Other Level Bathrooms:
0
# Main Level Kitchens:
1
# Second Level Kitchens:
0
# Third Level Kitchens:
0
# Lower Level Kitchens:
0
# Other Level Kitchens:
0
Living Area Lower Floor:
1,178 sq. ft.
Living Area Main Floor:
1,557 sq. ft.
Living Area Other Floor:
0 sq. ft.
Living Area 2nd Floor:
0 sq. ft.
Living Area 3rd Floor:
0 sq. ft.
Fireplaces:
1
Fireplace Details:
Living Room, Wood Burning
Laundry Features:
In House
Water supply:
Municipal
Sewer:
Sewer Connected
Cooling:
Air Conditioning, Central Air
Heating:
Baseboard, Electric, Heat Pump, Wood
Fireplace:
Yes
Pending Date:
May 21, 2026
Date Sold:
Jun 05, 2026
Dishwasher, Dryer, Oven/Range Electric, Refrigerator, Washer
Dining Room, Eating Area, Storage, Workshop
Aluminum Frames, Storm Window(s)
Balcony/Deck, Fenced, Fencing: Partial, Garden
Main Level
0
Yes
No
Unrestricted
Floor
Type
Size
Other
Main Floor
Bedroom
13' × 11'
Main Floor
Kitchen
11' × 9'
Main Floor
Deck
17' × 11'
Main Floor
Entrance
8' × 4'
Main Floor
Living Room
18' × 14'
Main Floor
Bedroom - Primary
12' × 11'
Main Floor
Dining Room
9' × 8'
Main Floor
Bedroom
12' × 11'
Main Floor
Carport
14' × 10'
Main Floor
Eating Area
8' × 8'
Lower Level
Storage
12' × 9'
Lower Level
Basement
32' × 32'
Floor
Ensuite
Pieces
Other
Main Floor
No
3
3-Piece
Main Floor
No
4
4-Piece
Assessed:
983000.0
Assessment year:
2026
Jurisdiction name:
City of Victoria
Legal Description:
LOT 24, BLOCK 7, PLAN VIP858, SECTION 48, VICTORIA LAND DISTRICT
Accessibility:
Ground Level Main Floor, Primary Bedroom on Main
Number of 2 piece baths:
0
Number of 3 piece baths:
1
Number of 4 piece baths:
1
Number of 5 piece baths:
0
Number of 2 piece Ensuites:
0
Number of 3 piece Ensuites:
0
Number of 4 piece Ensuites:
0
Occupancy:
Vacant
Property Condition:
Resale
Utilities:
Electricity Connected, Garbage, Recycling, Underground Utilities
Exposure / Faces:
West
Layout:
Main Level Entry with Lower Level(s)
Carport Spaces:
1
Garage Spaces:
0
Garage:
No
Parking Features:
Attached, Carport, Driveway, On Street
Total Parking Spaces:
2
Road Surface Type:
Paved
Date Listed:
May 12, 2026
  • Photo 1: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    CHARMING OAKLANDS HOME
  • Photo 2: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    LANDSCAPED FRONT YARD
  • Photo 3: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    UPDATED KITCHEN
  • Photo 4: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    BEAUTIFUL WOOD FLOORS
  • Photo 5: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    COMPOSITE DECK SURROUNDED BY LOVELY MATURE PLANTS AND TREES
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    SINGLE LEVEL LIVING WITH LOWER LEVEL FOR STORAGE
  • Photo 7: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    CARPORT RIGHT OFF ENTRANCE
  • Photo 8: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    HALL CONNECTING BEDROOMS TO LIVING AREA
  • Photo 9: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    LARGE LIVING ROOM WITH WOOD BURNING FIREPLACE
  • Photo 10: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    PICTURE WINDOW LOOKING WEST
  • Photo 11: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    DINING ROOM WITH BUILT IN SHELVES
  • Photo 12: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    DINING ROOM LOOKING WEST
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    KITCHEN FLOWS TO DECK AND THIRD BED/DEN
  • Photo 14: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    KITCHEN & 3RD BED/DEN
  • Photo 15: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    DOOR TO DECK
  • Photo 16: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    COMPOSITE DECK LOOKING EAST
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    COMPOSITE DECK LOOKING SOUTH
  • Photo 18: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    LOVELY YARD
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    LAUNDRY OFF KITCHEN
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    3-PIECE BATH
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    TILED SHOWER IN 3-PIECE BATH
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    3RD BED/DEN
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    3RD BED/DEN
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    2ND BEDROOM
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    2ND BEDROOM
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    LAUNDRY
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    4-PIECE BATH
  • Photo 28: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    4-PIECE BATH
  • Photo 29: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    PRIMARY BED WITH LILAC OUTSIDE WINDOW
  • Photo 30: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    PRIMARY BED
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    LAUNDRY
  • Photo 32: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    CRAWLSPACE
  • Photo 33: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    STORAGE/WORKSHOP
  • Photo 34: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    LILAC ON SOUTH SIDE
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  • Photo 43: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
    UNDER DECK STORAGE LEADING TO WORKSHOP/CRAWL
  • Photo 44: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
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  • Photo 47: 2765 Fernwood Rd in Victoria: Vi Oaklands Single Family Residence for sale : MLS®# 1036562
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Listed by Royal LePage Coast Capital - Oak Bay, sold on June, 2026
Data was last updated June 8, 2026 at 12:05 PM (UTC)
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