Divorce and Your Home
Your options for the house, and what Alberta law requires
What Happens to the House
For most separating couples the home is the largest asset and the hardest decision. It is also the one that cannot wait indefinitely. This page covers the options and what Alberta requires — so you can have an informed conversation with your lawyer rather than a confused one.
Get Legal Advice First
We are REALTORS®, not lawyers, and nothing here is legal advice. Property division on separation is governed by Alberta's family property legislation and depends heavily on your circumstances. Speak to a family lawyer before you make decisions about the home — including before you list it.
Three Common Paths
Things Specific to Alberta
Both spouses usually have to consent. Alberta's Dower Act gives a non-owning spouse rights in the family home, so a sale generally cannot proceed on one signature even if only one name is on title. Your lawyer will confirm how this applies to you.
You will need a current value, not a guess. Whether you are selling or buying each other out, both sides need a number they can trust. Sometimes a formal appraisal is appropriate; sometimes a REALTOR®'s market evaluation based on comparable sales is enough. Your lawyer can tell you which your situation calls for.
Check the mortgage penalty early. Breaking a mortgage before the end of its term can cost thousands. Ask your lender what it would be, and whether the mortgage can be transferred or ported, before dates get committed to.
If You Do Sell
Decide early who the REALTOR® is working for. We can act for both of you jointly where that is appropriate and both agree, or each of you can have your own representation. Either is fine — what causes problems is leaving it unclear. Communication, showing arrangements and how decisions get made are all easier when they are agreed at the start rather than negotiated under pressure.
A Quiet Conversation, No Commitment
Plenty of people contact us at the stage where nothing has been decided and they simply want to understand what the house is worth and what the options look like. That is a perfectly good reason to get in touch. Nothing you tell us goes anywhere, and there is no pressure to list.
