Selling During Divorce in Calgary

Can You Sell a House While Divorcing in Calgary?

Yes. Many couples choose to sell the home during separation or before the divorce is finalized. The key requirement is that both spouses’ legal rights are respected and the sale is properly documented.

If the home is a homestead and only one spouse is on title, Alberta’s Dower Act may require spousal consent to sell. This is a critical legal checkpoint, and your lawyer will confirm the correct process for your situation.

What Happens if One Spouse Won’t Agree to Sell?

If the property is jointly owned and one party refuses to cooperate, Alberta law allows an application for partition and sale in certain circumstances. This is usually a last resort because it can be time-consuming and expensive. Kahane Law Office

How Sale Proceeds Are Typically Handled

Once the home sells:

• The mortgage is paid out

• Sale-related costs are deducted (legal fees, realtor fees, adjustments)

• The remaining equity is divided as per agreement or legal direction

To avoid conflict, many couples set up a simple written plan that pre-defines:

• Listing price strategy

• How reductions will be handled

• Who approves offers

• How costs are shared while the home is on market

Common Options for the Family Home

1. Sell the Home and Split the Equity

This is often the simplest and most final option. The home is listed, sold, and the net proceeds are divided based on agreement or legal guidance. Calgary Legal Guidance

2. One Spouse Buys Out the Other

If one person wants to keep the home, a buyout can be negotiated. This typically requires:

• A separation agreement or court order

• Refinancing or a new mortgage approval

• A transfer of land through a lawyer Cambria LLP

3. Temporary Possession While You Decide

If you can’t agree on who stays in the home short-term, an Exclusive Possession Order may be available. This is temporary and does not decide final ownership.

Timing and Market Strategy in Calgary

During divorce, the biggest financial risk is usually not the divorce itself—it’s a poorly managed sale.

A strong Calgary strategy should protect:

• Net proceeds

• Timeline certainty

• Emotional bandwidth

Practical considerations:

• List with a neutral, data-led pricing plan

• Use written rules for offer review

• Avoid “revenge pricing” or refusal to adjust to market feedback

• Consider timing around school years if children are involved
  
  

Documents You’ll Likely Need

Your legal and real estate team may request:

• Mortgage statements

• Property tax info

• Title documents

• Condo documents (if applicable)

• A separation agreement or interim written arrangement (if already drafted)

Frequently Asked Questions

Do we need a finalized divorce to sell the house?

No. You can sell during separation or while the divorce process is ongoing.

What if the home is only in one spouse’s name?

Even then, the other spouse may still have legal rights to the home’s value as family property. Calgary Legal Guidance
If it qualifies as a homestead, spousal consent rules may apply under the Dower Act. Demas Schaefer LLP

Can one spouse force the other to move out?

Not automatically. If there is no agreement, an Exclusive Possession Order may be an option in certain situations. Alberta.ca

What if we can’t agree on selling?

Mediation is often attempted first. If needed, partition and sale may be pursued through the courts for jointly owned property.

Contact Us

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