KARAKTER Realty · Calgary Divorce Sales
Calgary divorce home sale checklist: every step in order
Phase 1: Legal groundwork
- ☐ Independent legal advice obtained by each spouse (separate family lawyers).
- ☐ Separation agreement in place or court order authorizing sale or letter of direction from both lawyers.
- ☐ Dower consent confirmed if the property is held in one spouse's sole name.
- ☐ Pricing authority documented — must both spouses agree, or does one have authority?
- ☐ Offer review process documented — joint decision, majority, or one party's authority?
- ☐ Proceeds split formula documented in writing.
Phase 2: Engaging the REALTOR®
- ☐ Select a neutral REALTOR® acceptable to both parties (not previously engaged by either spouse for buyer representation).
- ☐ Both spouses sign Exclusive Seller Representation Agreement (ESRA) — DocuSign acceptable.
- ☐ Commission rate confirmed and agreed.
- ☐ Communication protocol agreed: all material communications go to both spouses simultaneously, with both lawyers copied.
- ☐ Property Disclosure Statement (PDS) signed by occupying spouse (or both).
Phase 3: Pre-listing preparation
- ☐ Real Property Report ordered (3-6 weeks; do this early).
- ☐ City of Calgary compliance stamp obtained on the RPR.
- ☐ Compliance issues — if any — resolved or title insurance arranged.
- ☐ Property professionally cleaned; minor repairs completed.
- ☐ Decluttered (and staged if appropriate).
- ☐ Professional photography completed.
- ☐ Pricing strategy agreed by both spouses based on KARAKTER's CMA.
Phase 4: Active listing
- ☐ MLS listing live.
- ☐ Showing notifications go to both spouses; occupying spouse coordinates access.
- ☐ Showing feedback emailed to both spouses and both lawyers within 24 hours.
- ☐ Weekly listing update (showings, online interest, market context) circulated.
- ☐ If price adjustment needed, recommendation circulated to both with rationale.
Phase 5: Offer and conditions
- ☐ Each offer presented to both spouses in writing, simultaneously.
- ☐ KARAKTER's recommendation circulated with the offer.
- ☐ Decision made jointly (or per the documented authority structure).
- ☐ Counter-offers reviewed by both lawyers if material terms changed.
- ☐ Conditions cleared with written status updates to both spouses.
- ☐ Condition waiver signed by both spouses; firm sale confirmed.
Phase 6: Pre-completion
- ☐ Both spouses provide identification to sellers' lawyer.
- ☐ Closing documents signed by both spouses (separate appointments OK).
- ☐ Mortgage discharge requested from existing lender.
- ☐ Utility transfers arranged.
- ☐ Occupying spouse arranges movers; possession date confirmed.
Phase 7: Completion and proceeds
- ☐ Sellers' lawyer receives buyer's mortgage funds.
- ☐ Mortgage discharged; discharge registered at Alberta Land Titles.
- ☐ Legal fees deducted; commission paid.
- ☐ Net proceeds split per agreement; each lawyer receives their client's share in trust.
- ☐ Each spouse receives their share from their lawyer (5-10 days after completion typically).
Related
See also: amicable timeline, how KARAKTER coordinates with lawyers, and what your separation agreement should cover.
Frequently asked questions
How do I get started if my ex and I aren't speaking?
Start by engaging your family lawyer. KARAKTER can have a separate, confidential first conversation with each spouse to discuss the property and process — your ex doesn't need to know you're considering selling until you're ready. Once both spouses agree to engage, signing can be done separately via DocuSign.
Is there anything I can do before the separation agreement is signed?
Yes. You can engage KARAKTER for a pre-listing CMA, you can independently order an RPR (the other spouse may need to consent for property access), and you can begin preparation conversations. But the property cannot be listed until both spouses sign the ESRA — which usually requires the legal framework first.
What if one of us wants to buy the other out instead of selling?
A buyout is structured separately from a sale and is governed by the separation agreement. KARAKTER can provide a CMA to support buyout valuation, but the actual buyout is a transaction between spouses (typically through their lawyers) rather than a MLS listing. Once the buyout completes, no MLS sale is needed.
This page is for general information only and does not constitute legal or tax advice. Alberta matrimonial property law is complex; always engage a family lawyer and a licensed Alberta REALTOR® for your specific situation. KARAKTER Realty is licensed under RECA.