KARAKTER Realty · Calgary Divorce Sales

Why both spouses must sign the listing agreement in a Calgary divorce

What the RECA-approved listing agreement requires

The Real Estate Council of Alberta (RECA) publishes the standard Exclusive Seller Representation Agreement (ESRA), which is the form a REALTOR® uses to formalize a listing. The form requires the signature of every registered owner on title. For a jointly-owned matrimonial home, both spouses must sign before the property can be listed on MLS.

This is not a KARAKTER policy — it is the standard Alberta listing form, the same form every Calgary REALTOR® uses. A listing executed by only one of two registered owners is not a valid listing.

What happens if one spouse refuses to sign

If both names are on title and one party refuses to sign the listing agreement, the property cannot be listed. The cooperating party has three options:

1. Negotiate a separation agreement that addresses listing authority and proceeds split. With this in place, both spouses then sign the ESRA.
2. Apply to the Alberta Court of King's Bench for a sale order under the Matrimonial Property Act. A court-ordered sale empowers one party (or the court) to execute the listing without the other's consent. See uncooperative spouse options.
3. Sell a tenancy-in-common interest — only practical in unusual cases; most buyers won't purchase a half-interest in a residential property.

The two-party signing process

In practice, divorcing spouses often don't want to be in the same room. KARAKTER accommodates with:

• Separate in-person meetings — Ryan meets each spouse separately to walk through the listing agreement, confirm understanding, and obtain signatures.
• DocuSign electronic signatures — RECA permits electronic signatures on the ESRA. Each spouse signs independently from their device.
• Lawyer-facilitated signing — for high-conflict situations, the agreement can be sent to each spouse via their lawyer, who walks through it before the spouse signs.

Commission and the two-spouse listing

Listing commission is paid from the sale proceeds on closing — not directly by either spouse. The ESRA confirms the commission rate (typically 3-7% of sale price, split between listing and buyer brokerages); both spouses authorize the commission by signing.

Because commission comes from gross proceeds before distribution, both spouses effectively pay it proportionally based on their share of net proceeds.

Confidentiality

The buyer's agent does not need to be told the property is a divorce sale. KARAKTER's standard practice in divorce listings is to handle the transaction with discretion — buyer agents are simply informed there are two sellers, which is common for any jointly-owned home.

Related

See also: options when a spouse won't cooperate, selling a jointly-titled home, and the Dower Act and sole-title sales.

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.