DIVORCE in Etobicoke: What You Need to Know About Your House, Your Mortgage, and Taxes
Advice from Leslie Brlec an Etobicoke Top Realtor
Divorce is never easy. It’s emotional, complicated, and often financially overwhelming—especially when a home is involved.
As an experienced Real Estate Agent in Etobicoke, I’ve helped many clients in Eringate, Centennial Park, and West Deane Park navigate this life transition with clarity and confidence. When it comes to your home, mortgage, and taxes, there are key facts you need to know—particularly if you’re going through a separation or divorce in Ontario.
Divorce and Selling Your Etobicoke Home. This guide will walk you through your options, highlight common mistakes, and offer guidance so you can make informed decisions—not emotional ones.
Why Your Home Is One of the Most Important Decisions
In Ontario, the matrimonial home holds special legal status under the Family Law Act. It doesn’t matter who bought the home, who paid the down payment, or whose name is on title—both spouses have equal right to possession until there is a legal agreement or court order stating otherwise.
That means one person can’t sell, mortgage, or refinance the home without the other’s consent—even after separation.
This is why your home becomes one of the most sensitive and important decisions in your divorce process.
Should you stay? Should you sell? Can one of you afford to keep it?
The emotional side might want comfort, stability, and familiarity. But the financial reality—your new budget, mortgage qualifications, and long-term goals—needs equal weight.
Your 4 Housing Options During Divorce in Ontario
Whether you’re in Eringate, Centennial Park, West Deane Park, or anywhere in Etobicoke, the four housing options below apply. Divorce and Selling Your Etobicoke Home. The best choice depends on your legal separation agreement, financial situation, and future plans.
1. Sell the House and Divide the Proceeds
This is the most common option for separating couples in Ontario.
If you both agree to sell, the home is listed and the net proceeds (after expenses) are split based on your Separation Agreement.
Important Ontario Note: Even if only one spouse owns the home, both have a right to occupy it and a potential claim to the equity, if it was the matrimonial home.
Pro Tip: Before listing, get a professional Etobicoke Home Evaluation from a trusted Etobicoke Real Estate Agent to determine what your home is worth in today’s market.
As an Etobicoke Top Realtor, I help clients price strategically to maximize their net proceeds and reduce stress.
2. Buy Out Your Spouse
If one of you wants to keep the home, you can buy out the other’s share.
You’ll need to:
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Agree on the home’s fair market value (get a third-party appraisal or Etobicoke Home Evaluation)
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Determine the equity split based on your separation agreement
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Refinance the mortgage under your name alone
Ontario Note: Refinancing must follow Canadian lending standards. The lender may require your legal separation agreement, income documentation, and support payment details.
If your current income can support the mortgage, this can help maintain continuity—especially if children are involved.
3. Let Your Spouse Buy You Out
Divorce and Selling Your Etobicoke Home. If you’re the one leaving the home, your spouse can buy out your share. This provides a clean break and gives you a financial head start for your next home.
Watch Out: If the mortgage isn’t refinanced and your name stays on the loan, you’re still legally liable for the debt. This can affect your credit and ability to qualify for a new mortgage.
Before agreeing, make sure the mortgage will be refinanced or that there’s a legally binding agreement to protect you.
4. Retain Joint Ownership (Temporarily)
Some couples agree to keep the home jointly for a while—maybe until the kids finish school or the market improves.
One person usually lives in the home, but both remain on title and mortgage.
Risks to consider:
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Disagreements over maintenance or sale timing
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Tax implications at the time of sale
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Continued financial entanglement
Always consult your lawyer and a tax expert before choosing this route. Ensure it’s clearly addressed in your Separation Agreement.
What Happens If You Decide to Sell?
When you both agree to sell, it’s crucial to work with a Real Estate Agent Etobicoke residents trust—especially one experienced in handling real estate during divorce.
As an Etobicoke Best Realtor, I work with both parties professionally and respectfully. My job is to:
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Price your home correctly
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Market it effectively
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Negotiate the best deal
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Guide you both through the process with minimal stress