WHEN SELLING A HOME DUE TO DIVORCE, CHOOSE THE RIGHT AGENT

Samantha Graff Benmor
Award-Winning Realtor | Experienced in Luxury, Divorce, & Estate Property Sales | Serving Buyers & Sellers Since 1995 | Client-Focused | Toronto GTA & International Real Estate Liaison at Harvey Kalles Real Estate|

October 1, 2024
Choosing a real estate agent experienced in divorce sales and matrimonial homes requires understanding the unique legal and emotional challenges that accompany such transactions.
The recent case of Warus v. Warus 2024 ONSC 5176 (CanLII) illustrates the importance of choosing the right real estate agent with experience in divorce sales to sell a matrimonial home.
In this case, the husband brought a motion seeking the partition and sale of the matrimonial home. His wife opposed the motion, claiming that the immediate sale would prejudice her in the court proceedings.
They were married in 1982, and separated in 2017 – 7 years ago. The home was owned by them both as joint tenants. Since separation, the wife has occupied the home alone. The spouses are both near retirement age.
The husband claimed that he is in the process of planning his retirement and wanted to purchase a home before he retires because his income will decrease substantially following retirement. He further explained that he did not qualify for a mortgage because he remained on title to the matrimonial home and jointly responsible for the secured line of credit.
In response, the wife advised that she wanted to keep the home and for it to be transferred to her in order to satisfy the equalization payment the husband owed her.
The judge’s reasoning illustrates how in contentious divorce cases like this, a real estate agent well-versed in family breakdown, communication skills, and impartiality, can help the spouses navigate the complexities of a sale with the least amount of cost and aggravation. When selecting a real estate agent for this type of sale, consider the following:

1. Legal Expertise: The real estate agent should understand Ontario’s Family Law Act and the division of matrimonial assets. This knowledge is crucial for ensuring proper documentation and smooth negotiations. Please note I am not suggesting we as realtors advise legally and always refer to a professional certified family lawyer. It’s great we have one close by 🙂 Steve Benmor
2. Neutrality: A divorce sale is highly emotional. The real estate agent must remain unbiased, ensuring both parties’ interests are protected and respected.
3. Negotiation Skills: Divorce often leads to disagreements, and having a real estate agent who can mediate and negotiate solutions fairly is essential for a successful sale. (Did you know that Samantha Graff Benmor did the Harvard Mediation Course?)
4. Discretion and Empathy: The real estate agent must handle sensitive issues with compassion while maintaining discretion about the personal aspects of the divorce.
5. Professional Network: The right real estate agent should be connected to lawyers, appraisers, and other professionals to help streamline the process. Kerry Parslow Charley Levitan Leanne Townsend Jennifer Donison (Aternino) Bayla Lazarus, PFP, CIM Gabbi Silverberg Shelly Kalra Shely Polak PhD, RSW, AccFM Kelly Jordan Jordan Atin Mike Kazarian William Abbott THE GRAFF GROUP TORONTO
In the end, the judge ordered as follows:
“a. The matrimonial home, municipally located at 101 Claudia Court, Sudbury, Ontario, shall be partitioned and sold;
b. The property shall be listed for sale within 45 days with a mutually acceptable real estate agent;
c. If the parties cannot agree on the listing price, the property shall be listed at the price recommended by the real estate agent.”

This case
https://bit.ly/4dbhxhr
illustrates the importance of selecting an agent familiar with the complexities of divorce and matrimonial home sales to ensure a fair, equitable outcome for all involved.

📞 For confidential advice from seasoned experts at any stage of your divorce process, contact The Graff Group Toronto- Icons of Real Estate.