The house is often the biggest thing you share. It shouldn’t become the biggest fight.
If you’re separating and own a home together in Calgary, you have three main options: sell it and divide the proceeds, have one of you buy the other out, or keep it jointly for now. Whichever you choose, it goes much more smoothly when you both agree on the plan before the home is listed, and when everyone works from the same numbers.
Here’s what we walk separating clients through before anything goes on the market.
First, know your options
Sell and divide the proceeds. This gives both of you a clean break and cash to start over. It works best when you agree on the price strategy and on how offers will be decided.
One of you buys the other out. This lets one person keep the home, which can matter a lot if kids are involved. You’ll need a fair value, usually an appraisal, and the person keeping the home generally has to qualify for the mortgage on their own. A separation agreement doesn’t take someone off the mortgage. A refinance or a sale does.
Keep it for now. Some couples hold off until the school year ends or the market shifts. If you go this way, put in writing who pays what in the meantime.
What Alberta law says, in plain language
In Alberta, the Family Property Act generally treats the family home as shared property, with equity usually divided equally, though there are exceptions. It covers married couples and adult interdependent (common-law) partners.
If you’re married and the home is in only one spouse’s name, the Dower Act also applies. The spouse who isn’t on title has to give written consent before the home can be listed or sold, using dower consent forms signed in front of a lawyer or commissioner. Dower rights continue through separation until the divorce is granted, and they don’t apply to common-law partners.
Every situation is different, so talk to your family lawyer before you sign a listing agreement.
Agree on these five things before you list
- Price and offers. How you’ll set the list price, and how you’ll decide on an offer if you don’t agree right away.
- Costs in the meantime. Who pays the mortgage, utilities and any prep work until possession.
- Showings. Who’s living in the home, and how and when buyers can view it.
- Communication. We recommend every update goes to both of you at the same time, so no one hears it second-hand.
- The proceeds. Often a lawyer holds the sale funds in trust until the property division is settled. Confirm this with your lawyers early.
Pricing without a tug-of-war
When two people want different numbers, the answer is evidence. We build a market analysis from recent sales of similar homes in your neighbourhood and walk both of you through it together. If one of you is buying the other out, an independent appraisal gives you a number you can both trust.
Showings when one of you still lives there
It’s common for one person to stay in the home during the sale. We set a showing schedule that works for whoever is living there, help get the home ready to show, and keep the other owner updated on feedback and activity.
How we help
We stay neutral. Both owners get the same information at the same time, and we never take sides. We coordinate with both lawyers on paperwork and timelines, and we keep your situation private: the marketing focuses on the home, not on why it’s for sale. With 25+ years each in Calgary real estate, we’ve helped many families through big life changes, and we know a calm, clear process matters as much as the sale price.
Interviewing agents? Our guide on how to choose the best realtor for selling during a divorce in Calgary covers what to look for and the questions to ask.
Going through a separation and not sure what to do with the house? Send us a message. We’ll talk through your options confidentially, with no pressure to list.
Questions
Frequently asked questions
Can we sell before the divorce is final?
Often, yes. If both owners sign, along with dower consent where it applies, the home can be sold during separation. Your lawyers will confirm what’s needed.
What if my spouse won’t agree to sell?
That’s a legal question, and the answer depends on whose name is on title and whether you’re married. Talk to your family lawyer about your options before taking any steps.
Do buyers find out we’re divorcing?
Not from us. Your listing and marketing focus on the home itself.
Do the same rules apply to common-law couples?
Partly. The Family Property Act covers adult interdependent partners, but dower rights apply only to married spouses.
This article is general information, not legal advice. Please speak with a family lawyer about your situation.