KARAKTER Realty · Calgary Divorce Sales

How Ryan Van Spengen coordinates with your Calgary divorce lawyer

Why a divorce listing is different

A standard Calgary listing has one seller (or a unified pair of sellers) and one set of instructions. The REALTOR® works for that side. A divorce listing has two sellers who are also adverse parties in a separate legal matter. A REALTOR® who treats one spouse as the client and the other as an obstacle will eventually destroy the deal — and likely face a RECA complaint.

KARAKTER's divorce protocol treats the property as the client and both spouses as co-owners of equal standing. Every decision affecting the property goes to both, in writing, at the same time.

The communication protocol

• Pricing analysis (CMA) — the comparative market analysis is delivered to both spouses and both lawyers as a single document. It is objective, not advocacy. Comparable sales, days on market, list-to-sale ratios — all the same numbers any REALTOR® would produce, presented neutrally.
• Showing feedback — emailed to both parties and both lawyers within 24 hours of each showing. Same content, same time.
• Offer presentation — every offer is presented to both spouses in writing, with the complete terms, KARAKTER's recommendation, and a deadline for response. Both lawyers receive the package.
• Counter-offer review — if a counter is proposed, the proposed terms are circulated to both spouses for sign-off. If the spouses disagree on response, the lawyers receive the impasse and direct the next step.
• Conditions and waivers — every condition deadline, inspection report, financing confirmation goes to both parties and both lawyers.

What KARAKTER does NOT do

• Take instructions privately from one spouse against the other.
• Share information selectively to advantage one side.
• Recommend below-market pricing to favour a quick sale that one spouse needs more than the other.
• Provide legal advice. All legal questions go to the spouse's own lawyer.

This is consistent with RECA's Code of Conduct on disclosure and conflict of interest. A REALTOR® acting for two parties on the same transaction owes both parties equal duty.

What the lawyers need from KARAKTER

Divorce lawyers typically request:

• The CMA at listing — as evidence of fair market value at a specific date.
• The MLS listing details and history (price changes, days on market).
• Copy of each offer and the executed accepted contract.
• The final closing statement showing gross sale, deductions, and net distribution.
• Documentation of any disputes during the listing period (so they can be resolved in the wider divorce proceeding).

KARAKTER provides all of this on request as a routine part of the engagement.

What KARAKTER asks of the lawyers

For the sale to proceed smoothly, both lawyers should provide:

• Confirmation of who has authority to sign the listing agreement (typically both spouses; sometimes one with court order authority).
• A letter of direction clarifying pricing authority — must both spouses agree to the listing price, or does one have authority?
• How offers will be reviewed — both must agree, or majority, or one has decision authority?
• Trust account details for proceeds distribution on closing.

Related

See also: complete divorce home sale checklist, when a spouse won't cooperate, and what your separation agreement should cover.

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.