Separating from a spouse is stressful enough — but when a court steps in and orders the sale of the family home, it can feel even more overwhelming. If you're in Burnaby or Greater Vancouver and facing a B.C. Supreme Court order to sell your matrimonial home, here’s what you need to know — and how a specialized Realtor like me can help.
What Legal Power Allows the Court to Force a Sale?
In B.C., the Supreme Court can force the sale of property in a family law case under Rule 15-8 of the Supreme Court Family Rules.
A sale can be ordered if the court finds it is “necessary or expedient.”
Necessary might mean someone can’t afford ongoing mortgage payments or the home is becoming a financial burden.
Expedient means that selling could help resolve the case more easily, and the court will try to balance both spouses’ interests.
What Happens Once the Court Orders a Sale?
The court gives directions.
The judge can decide: who handles the sale, how to sell (private sale, auction, tender), even a minimum price to protect both parties.Possession & Payments.
The court might give exclusive occupancy to one spouse while the home is being sold.
That spouse may also be ordered to cover mortgage, insurance, taxes — whatever it takes to maintain the home until it’s sold.
Court-Approved Sale.
Once a buyer is found and conditions (like financing, inspections) are removed, there’s usually a hearing to approve the sale.
The court can also require the buyer’s payment to go into trust or court-supervised accounts.
Distribution of Proceeds.
First, sale costs, mortgage, liens, and Realtor commissions are paid.
Then, the remaining money gets split between the spouses as ordered by the court or agreed to by both sides.
Why the Court Might Choose to Do This
A judge doesn’t just force a sale randomly. Here are some of the factors they typically consider, based on real cases:
Whether one spouse needs the money (e.g., to pay debts or support themselves)
If keeping the house is realistic for either person — can they afford it alone?
Whether there’s another place for each person to live, and how affordable it is.
The emotional impact: the court may consider how each person is doing, especially if there are children.
Whether selling now might help the divorce or separation be resolved faster.
How a Divorce Realtor (Like Me) Helps
As a Realtor who specializes in divorce situations, here’s how I support clients through this kind of court-mandated sale:
Communication & Collaboration: I work closely with your lawyer to understand the court’s order, so the sale strategy aligns with what the judge has approved.
Marketing With Purpose: Even in a “forced” sale, I run a professional listing — staging, showing, and negotiating in a way that maximizes value.
Offer Management: I help gather, review, and present offers in a way that meets the court’s direction and protects your interests.
Trust & Proceeds Coordination: I coordinate with lawyers and trustees to make sure sale funds go where the court requires, and I help facilitate a smooth distribution.
Empathy + Advocacy: I understand how hard this is emotionally. My goal is to make the process as respectful and fair as possible, helping you move forward.
Final Thoughts
Getting a court order to force the sale of your home can feel like losing control. But it doesn’t have to be a purely negative process — with the right team, you can navigate the sale in a way that protects your financial interests and sets you up for a fresh start.
If you're in Burnaby or Greater Vancouver and facing a court-ordered sale of your matrimonial home — or you simply want to understand your options — I’d be honored to help. Reach out anytime, and together, we can make a plan that reflects your needs and priorities.