Going through a separation or divorce is hard enough without the added confusion of what happens to your home. One of the most common (and emotionally charged) questions that comes up is:
“Can my spouse sell the home without my consent?”
If you’re in British Columbia and facing a separation, here’s what you need to know about your rights, your options — and how working with the right real estate agent can protect both your peace of mind and your financial future.
The Legal Basics: Who Owns the Home?
In BC, property division during a separation is governed by the Family Law Act. If the home was acquired during the marriage or common-law relationship — or even before, in some cases — it is typically considered family property, which means both spouses have a legal right to it.
Even if:
The title is in one spouse’s name,
One person paid more toward the mortgage,
Or the home was inherited but used as the family residence…
…it may still be subject to equal division unless there is a legal agreement (like a prenup or cohabitation agreement) that says otherwise.
Can One Spouse Sell Without the Other? Usually, No.
In most cases, one spouse cannot sell the family home without the other’s written consent — even if the home is solely in their name.
Why? Because:
The home is considered shared family property.
The other spouse has a legal interest in the home.
You may require both signatures to legally transfer title or discharge the mortgage.
Attempting to sell a home without full consent can lead to legal injunctions, title freezes, or court-ordered reversals — and that’s the last thing you want during an already stressful time.
What If There’s a Court Order or Separation Agreement?
If you and your ex have gone through mediation or court and received a final separation agreement or court order, then the sale of the home may be clearly outlined. In this case, the agreement will dictate:
Who gets to stay in the home (and for how long),
When the home should be sold,
How the proceeds are divided.
This document is crucial. If it’s still pending or unclear, selling the home should be put on hold until everything is in writing and legally binding.
What Are Your Options If You Disagree on the Sale?
If one spouse wants to sell and the other doesn’t, it may feel like a deadlock — but there are options:
Mediation: A neutral third party helps you come to a fair agreement.
Legal action: A court may order the sale of the home if it’s deemed necessary or in everyone’s best interest.
Buyout: One spouse buys out the other's share of the equity.
Whatever you choose, it’s critical to involve both a lawyer and a real estate agent who understands the complexities of divorce sales.
How Victoria Fung Helps Couples Navigate Home Sales During Divorce
Victoria Fung is a trusted Divorce-Focused Real Estate Agent in Burnaby, BC, with years of experience helping clients through some of life’s most difficult transitions.
As a second-generation Burnaby Realtor, Victoria brings:
Deep knowledge of the local market,
A calm, neutral, and compassionate presence,
Clear communication between parties, lawyers, and financial advisors,
An ability to help both parties feel respected and protected throughout the process.
Selling a home during a divorce doesn’t have to feel like a battle — with the right support, it can be the first step toward your next chapter.
Talk to a Realtor Who Understands Divorce Real Estate
If you're going through a separation or divorce and unsure of your rights when it comes to the family home, don’t make any decisions without the right guidance.
Contact Victoria Fung for a confidential, pressure-free consultation:
📍 Victoria Fung PREC
4481 Hastings Street, Burnaby, BC
📞 (778) 389-7683
📧 victoria@victoriafung.ca
🌐 www.victoriafung.ca
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