Selling a Winnipeg Home During Divorce: What You Need to Know (From Someone Who's Helped Dozens Do It)

I’m not going to lie – this is a blog I’ve refrained from writing for a long time (years, now) just because the topic feels so taboo and yucky and I don’t want anyone to think I am encouraging them to get divorced so that I can sell their home. But we get enough questions on the topic on a weekly basis, that I do think it is worth touching upon… so let’s get there.

DIVORCE.

It sucks. If you’re here reading this because you’re going through one, then I am so, so sorry. Divorce can be emotional, unrelenting, messy, and complicated.

We’ve watched clients go through all of it. We’ve seen battles that lasted years and drained bank accounts. We’ve seen the hurt, the stress, the impossible decisions. There’s no sugar-coating it: this is one of the hardest life chapters to navigate. But with the right team in your corner, including a good Realtor, this chapter can close in a way that gives you the fresh start you need.

Let me tell you a quick story. It’s a tale as old as time – one that we see again and again.  My first divorce sale ever, I worked with a couple whose marriage had ended abruptly. Communication between them was tense, and the thought of selling their family home felt like pouring salt in an open wound. We agreed to communicate separately, set boundaries around showings, and approached the process with compassion and structure. Despite the pain, they sold the home, split the proceeds with transparency, and began their next chapters. That sale didn’t just transfer ownership—it restored a small sense of peace. That’s what we aim for.

And since then, I’ve learned a lot – seen some not so pretty divorces but also some of the most kind and compassionate divorces, too. 

So let’s walk through some of the most common questions we hear from clients selling a marital home in the midst of divorce. We’ll tackle the practical, the emotional, and yes, even the legal (as much as we can without stepping on your lawyer’s toes).

1. 💬 Can I Stay in the Home After Divorce?

This comes up a lot. We've seen every variation: both parties staying in separate rooms, one party moving out, or both parties vacating the home. The key factor? Cooperation. If you're staying in the home, showings need to be allowed, and the property should be clean and ready to show. If one party limits access or presents the home poorly, we work with your lawyers to address it on a case-by-case basis.

2. 💳 What Happens If One Spouse Wants to Buy Out the Other?

This is one of the most common paths we see—especially when kids are involved and stability matters. A buyout means one party keeps the home and compensates the other for their share. Sometimes we explore co-ownership agreements, but those are less common. We can help assess fair market value to support negotiations.

3. 💰 What Happens to the Money from the Sale?

Will it be split 50/50? Not necessarily. Proceeds from the sale are typically held in trust by your real estate lawyer until all parties agree (or until legal direction is provided). A separation agreement usually outlines how the funds should be distributed. Sometimes smaller portions of funds can be released with the agreement of all parties.  But ask your lawyer before doing this!

4. 👥 Who Pays for the Mortgage and Other Expenses Until It Sells?

This is often a hot-button issue. Mortgage payments, utilities, insurance, taxes, and repair costs all need to be covered while the home is on the market. Often, if one party is living in the home, they’re responsible for the carrying costs—but not always. Repairs to prepare the home for sale are often split upon closing. Your lawyer can help draft a fair cost-sharing agreement.

5. 🏡 What If My Spouse Won’t Cooperate with Showings or Listing?

If one spouse won’t agree to list the home, unfortunately we can’t proceed. Both legal owners must sign. However, if there’s ongoing obstruction, legal action can compel cooperation. But this route is long, costly, and emotionally draining. We try to avoid it where possible.

6. 👶 Will Selling the Home Affect Custody or Parenting Agreements?

While this is best discussed with your lawyer, what we often see is that courts aim to prioritize stability and the best interests of the children. If your move still allows for a safe, stable environment, it typically won’t negatively impact custody.

7. ⏳ Should We Sell the Home During or After Our Divorce?

Every case is different, but selling during the divorce often makes more financial and emotional sense. It gives you a better understanding of your budget moving forward, may help resolve other support/property issues, settle joint debts, and is one less emotional hurdle to clear later.

8. 📊 Are There Tax Implications?

If the home is your primary residence, capital gains tax typically doesn’t apply. But if one party moves out and buys another property, the principal residence exemption can get murky. Please check with your tax advisor to clarify your specific situation.

9. 📖 What Documents or Legal Steps Are Needed to List the Home?

Surprisingly few! We order the title, verify identities, and complete a few short listing forms. A formal separation agreement is not required to list—though it may delay access to sale proceeds until terms are finalized.

10. 🛡️ How Do I Protect My Share of the Equity?

Your real estate lawyer will be your best ally here. Proceeds can be held in trust until both parties agree to distribution. If you’re worried about transparency or interference, tell us—we’ll document and communicate any concerns clearly and professionally.

11. ☕ Is It Even Possible to Make This Amicable?

Absolutely. We’ve seen some incredibly respectful and cooperative divorces. With the right team, clear communication, and neutral professionals, the process can be much smoother than you'd expect.

What to Look for in a Realtor for Divorce Sales

If you're hiring a Realtor while divorcing, here’s what really matters:

• Neutrality: You need someone who doesn’t take sides. Our role is to mediate fairly, communicate clearly with all parties, and keep the focus on the sale.

• Custom Communication: We can work with you together or separately, depending on what you need emotionally. Prefer separate emails or a shared group chat? Either works. Let’s layout the ground rules together.

• Objective Pricing: We bring clear comps and market analysis—not opinions or emotionally charged numbers. Our goal is to keep everyone aligned with market data. Overpricing a home in a divorce NEVER works out.

• Legal Familiarity: We’re not lawyers, but we’ve been around enough divorces to know the typical process and how to work effectively with your legal team.

• Local Expertise: Knowing your neighbourhood inside and out helps us attract the right buyers and tell your home’s story better.

• Empathy: It matters. This is hard. We’re here to be kind, listen when needed, and create space for you to move forward with as little friction as possible.

Boundaries We Maintain

This is tough stuff, and sometimes clients try to use the Realtor as a tool in their dispute. Just so we’re clear:

• I won’t communicate with your lawyer unless I have permission.

• I won’t take sides. My loyalty is to the process and the outcome.

• I won’t share your personal details with anyone.

• I will share equal information with both parties.

• I will flag uncooperative behaviour (e.g., repeated canceled showings) professionally and directly.

The Divorce Home Sale Process (Step-by-Step)

 Step 1: Meet with Me

We’ll meet to discuss goals and see if we’re a good fit. This can be done together or separately.

Step 2: Establish a Price

I bring comps, market data, and we agree on a realistic price—together or individually.

Step 3: Prepare the Home

Depending on your situation, this could be a full prep or a quick cleanup. We work with what’s realistic for you.

Step 4: List It

Photos, ad copy, and media are created. Everyone approves before it goes live.

Step 5: Showings

This part can be tough, especially if one of you still lives in the home. We’ll work to make this as smooth as possible.

Step 6: Offers and Negotiation

We present every offer fairly and provide clear advice. All parties are involved in decisions.

Step 7: Under Contract

The buyer works on financing, inspections, and conditions. We keep you updated every step of the way.

Step 8: Closing Day

You sign. Keys are handed over. Funds are distributed according to your agreement.

Step 9: Start Your New Chapter

Whether it’s buying again, renting, or simply breathing easier—this is your next step forward.

Final Thought

If you’re looking for a Realtor who can be manipulated, I’m not your person. But if you want someone empathetic, fair, and focused on getting this done so you can start over? I’m here. This process may not be easy, but it doesn’t have to be miserable. And you don’t have to go through it alone.

This article is for general informational purposes only and is not intended as legal or financial advice. Always consult with your lawyer or financial advisor regarding your specific situation.

Jennifer Queen

Phone: (204) 797-7945
Email: Jennifer@QueenTeam.ca