Selling your family home during or after separation is an emotionally and financially significant decision. A key question that often comes up is whether you need a separation agreement before moving forward.
While it's not strictly mandatory in most Canadian provinces, having one strongly protects your rights, simplifies transactions, and offers clarity during a challenging transition.
We strongly recommended having a Separation Agreement in place BEFORE you sell your family home or buy a new home – post separation.
When emotions are running high, it can be difficult to make decisions about the family home. A separation agreement brings certainty to the process and prevents unnecessary disputes. By having everything in writing, you and your former spouse can move forward with a clear plan instead of facing avoidable roadblocks. Some reasons why you should get a separation agreement include:
In Canada, separation agreements are not legally required to sell a matrimonial home, but lenders and real estate lawyers often want to see one before finalizing transactions. Without it, the sale may face delays and added legal hurdles—something a DIY approach may not resolve.
A separation agreement clearly outlines how sale proceeds are divided between spouses, reflecting your unique situation—not the default provincial regime.
It addresses who may remain in the home while it's listed, timelines for sale, allocation of closing and selling costs, and other important logistics.
If one spouse refuses to cooperate—perhaps delaying move-out or refusing to sign—the separation agreement beforehand spells out the rules and mitigates conflict.
A well-drafted separation agreement does more than divide assets—it also sets expectations so there are no unpleasant surprises during or after the home sale. Some of the most important issues it should address include:
By covering these details upfront, you reduce the likelihood of disputes and make the entire process—selling, dividing proceeds, and moving on—much smoother.
Skipping a separation agreement might feel like it will speed things up, but the opposite is usually true. Without a written plan, you open yourself up to delays, disputes, and potentially higher costs down the road. Here are a few common issues:
In other words, while it may seem tempting to “just sell the house and split it later,” the lack of a clear agreement often creates more problems than it solves.
In that case, you have options:
Seeking legal advice before this escalation helps you choose the best path forward.
A lawyer ensures the separation agreement is legally binding, fairly negotiated, and enforceable—even years down the line.
Your lawyer assists in exchanging accurate financial details—appraisals, debts, income—critical for a reliable agreement.
From FHSA tax-neutral transfers to cost-sharing and occupancy rights, your lawyer will tailor terms that reflect your unique needs and jurisdiction.
By clearly documenting rights and obligations, a good separation agreement greatly reduces the risk of future disputes or court battles.
Selling the family home after separation is a major step—both financially and emotionally. Having a separation agreement in place ensures that your rights are protected, the rules are clear, and the process is as smooth as possible. If you’re unsure where to begin, our team at Richmond Tymchuk Family Law can guide you every step of the way.
From drafting enforceable agreements to resolving disputes with compassion and clarity, Richmond Tymchuk Family Law makes sure you’re protected and prepared.
If you have questions or need guidance, contact us today.