Written by Jess Brennan   |   Posted on   |   174 views

Legal Agreements

As you are probably aware, a separation agreement is a common part of dissolving a marriage.  This is a legal document that sets out guidelines on how the relationship will function going forward.  It may discuss dividing up assets, childcare, expenses etc. while you are waiting for the actual divorce to take place.

If you or your spouse wish to sell your house, it is crucial that a legal agreement be drawn up and prepared, documenting that both parties are aware that the matrimonial home is to be sold.  You may wish to also cover such things as:

  • how much you will each spend on staging or renovations to get the property ready for sale
  • who can live in the property until it is sold
  • who will take care of the property’s maintenance until it is sold

Your spouse has the right to take you to court if they can prove that they were not made aware of the sale and this was all done unilaterally.

What if we can’t agree that the home should be sold?

If both spouses can’t agree to how/when to sell the home, a judge will decide this for you and how the proceeds will be split up. 

Another alternative would be to have one spouse “buy out” the other spouse’s share of the home. We can also help with with the paperwork on this kind of inside sale, and we’ll even provide you with a proper evaluation of what the current value of the property is.

Can my ex and I have different real estate agents?

Of course! While it is easier to agree on one REALTOR® for your sale, you and your spouse might feel more comfortable with each choosing an agent.  We can accommodate that.  In this case, the two real estate agents would “co-list” the home and work together to get a mutually beneficial offer for both of you on the listing.

How do we handle showings at the house?  Buyer feedback?

Your real estate team will take your lead and follow your preferences when it comes to buyer showings.

If you and your ex both want to be consulted on every showing request, we can do that for you.  However if only the spouse still living in the home wants to be notified of showings, that’s fine too.  We can provide any feedback we receive from these buyers to both of you so you’re both aware of what people have thought of your home.

What happens when we get an offer?

We may ask for additional time from any buyers that bring an offer, so that both you and your spouse have time to consider it.  This is called a “longer irrevocable”.  You may agree to accept the offer as is, or negotiate with the buyer further to come to more agreeable terms.  Your REALTOR® in conjunction with your lawyers can help with this process if you’re having trouble coming to an agreement.

Our number one priority is to make sure you’re getting the best advice from the proper person during this transition in your life.  We will answer some of the most common questions, but please consult your legal team before taking any steps.

In the end, as your real estate agent, we want to ensure this transaction is smooth and efficient as possible for all parties involved.  Together we can help you move forward.

*All information provided by the Brantford Regional Real Estate Association (BRREA) and ITSO for the highest sales volume and highest number of completed transactions since January 1, 2015. All Brantford MLS® House Listings come from the various systems operated by Real Estate Boards and Associations across Canada. The trademarks REALTOR®, REALTORS® and the REALTOR® logo are controlled by The Canadian Real Estate Association (CREA) and identify real estate professionals who are members of CREA. Used underlicense. The trademarks MLS®, Multiple Listing Service®, and the associated logos are owned by The Canadian Real Estate Association (CREA) and identify the quality of services provided by real estate professionals who are members of CREA. Used under license.



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