MJL
Michael John Lau
REALTORĀ® Ā· Kaizen Real Estate Team
NM
Neeraj Moolchandani
REALTORĀ® Ā· Kaizen Real Estate Team
eXp ICON 2024 & 202575+ 5ā˜… ReviewsCall (647) 370-8885

The Short Answer

Start with three questions before you talk about price: who has to agree, when you need to be out, and where you are going next. In a divorce between married spouses, Ontario law generally requires both spouses to consent to selling the matrimonial home, even if only one is on title. In downsizing, the sale must be reported to the Canada Revenue Agency even when the principal residence exemption covers the gain. In a relocation, the main decision is whether to sell first or buy first, and bridge financing for buying first has typically cost around prime plus 2 to 3 per cent. If you are leaving Canada, a buyer's lawyer can hold back 25% of the price until the Canada Revenue Agency issues a certificate.

Want this applied to your own property? Call the Kaizen Real Estate Team at (647) 370-8885.

Both
Spouses must consent
$8,000
Max late PRE penalty
Prime +2-3%
Typical bridge cost
25%
Non-resident holdback

Why These Sales Feel Different

When a life change is behind a sale, the home is carrying more than its market value. There is a deadline you did not choose, more people involved in each decision, and emotions that make it hard to think about paint colours and listing dates.

Michael John Lau, a REALTORĀ® with the Kaizen Real Estate Team, one of the most active real estate teams in Markham and York Region, handles these sales with one principle: slow down the decisions that deserve time, and speed up the ones that do not. Most families feel better as soon as they can see the whole plan on one page.

Questions About Your Situation?

Every Markham property and every timeline is different. Call the Kaizen Real Estate Team at (647) 370-8885 and speak to a REALTORĀ® who works this market daily.

The Three Questions Every Transition Sale Starts With

Question

Why it matters

Who has to agree?

A spouse, co-owners, an estate trustee or a court order can all control whether and when a sale happens.

When do you need to be out?

A job start date, a lease, a separation agreement or a new home's closing can set the timeline for you.

Where are you going next?

Buying, renting or moving abroad each changes the financing, tax and timing decisions.

Selling During a Separation or Divorce

Who needs to consent

Under Ontario's Family Law Act, a married spouse generally cannot sell or mortgage the matrimonial home without the other spouse's consent or a court order, even if the other spouse is not on title. Common-law partners do not have the same matrimonial home rights under that Act, although they may have other claims. Speak to a family lawyer before listing.

What happens to the money

Proceeds are often held in trust by a lawyer until the spouses agree on how to divide them or a court decides. Plan your next home around that timing.

Keeping the sale calm

  • Communicate with both spouses equally, in writing, and share the same information with both.
  • Agree on the list price, showing rules and offer process before the home goes on the market.
  • Present every offer to both parties at the same time.

The details are in selling your Markham house during a divorce.

Selling to Downsize

The goal is usually freedom, not a smaller home

Most downsizers want less maintenance, fewer stairs, and money released for retirement, family or travel. Be clear on which of those matters most, because it shapes whether a condo, a bungalow or a townhouse fits.

Tax and reporting

  • Report the sale. Even if the principal residence exemption covers the full gain, the sale must be reported on your tax return. Late designations can carry a penalty of up to $8,000.
  • Deferred property taxes under any provincial or municipal deferral program usually become payable when the home is sold.
  • No senior exemption on land transfer tax. Ontario land transfer tax on your next home applies at the usual rates.

How much you might release, after costs, is worked through in how much you can release by downsizing in Markham.

Neeraj Moolchandani on One Plan Everyone Can See

Neeraj Moolchandani, REALTORĀ® at Kaizen Real Estate, puts the whole sale plan on one page when more than one person has to agree.

Price, timeline, showing rules and how offers will be presented, all agreed before the home goes on the market. Neeraj finds that when every decision-maker sees the same information at the same time, most of the tension leaves the process.

Talk to Neeraj & the Kaizen Team

Selling to Relocate

Sell first or buy first

Approach

Advantage

Risk

Sell first

You know your budget exactly

You may need temporary housing

Buy first

You move once, on your schedule

Two homes at once; bridge financing needed if closings do not line up

Coordinate closings

Single move, no bridge

Less flexibility if either deal is delayed

Bridge financing

If you buy first and your sale closes later, a bridge loan covers the gap. Ratehub has reported typical bridge financing costs of about prime plus 2 to 3 per cent, and lenders commonly limit the bridge to a few months. Get approval in writing before you commit to the purchase.

If you are leaving Canada

If you become a non-resident of Canada before your sale closes, the buyer's lawyer can hold back 25% of the purchase price until the Canada Revenue Agency issues a certificate of compliance. The notice to CRA is due within 10 days after the sale, and the certificate can take months. Speak to an accountant before you set a moving date.

When a Sale Follows a Loss

If the transition is the death of a parent or partner, the steps depend on how the home was owned. How to sell an inherited home in Markham covers probate, taxes and timing in full.

Facing a Move You Did Not Plan?

Slow down the decisions that deserve time. The Kaizen Real Estate Team builds the plan around the date that matters most.

What Every Transition Sale Has in Common

Next Steps

This article is provided by the Kaizen Real Estate Team at eXp Realty, eXp Luxury (Michael John Lau, REALTORĀ®, and Neeraj Moolchandani, REALTORĀ®) for general information only. It is not legal, tax, mortgage, or investment advice. Michael John Lau is a licensed REALTORĀ® serving buyers and sellers in Markham, Ontario and the Greater Toronto Area. This article summarizes Ontario family law, Canada Revenue Agency and lender practices at a general level as at September 2026. Rules depend on your specific situation. Michael John Lau is not a lawyer, an accountant or a mortgage broker, and this article is not legal, tax or financial advice; speak with a family lawyer, a tax professional and your lender before acting. Kaizen Real Estate Team, eXp Realty, eXp Luxury. Licence #4784577. 9763 Markham Rd, Markham, ON L6E 1A4. Call (647) 370-8885. Not intended to solicit clients currently under contract with another brokerage.

Frequently Asked Questions

Can my spouse stop me from selling our Markham home?

If you are married, generally yes. Ontario's Family Law Act requires both spouses to consent to selling the matrimonial home, or a court order, even if only one is on title. Common-law partners do not have the same rights under that Act.

Do I have to report the sale of my home if it was my principal residence?

Yes. The sale must be reported on your tax return even if the principal residence exemption covers the full gain. Late designations can carry a penalty of up to $8,000.

Should I sell first or buy first when relocating?

Selling first gives certainty on budget. Buying first lets you move once but may require bridge financing, which has typically cost about prime plus 2 to 3 per cent. Coordinated closings avoid both but leave less room for delays.

What happens if I sell my Markham home after moving abroad?

If you are a non-resident when the sale closes, the buyer's lawyer can hold back 25% of the price until the Canada Revenue Agency issues a certificate of compliance. Get tax advice before you set a moving date.

Is there a land transfer tax break for seniors who downsize in Ontario?

No. Ontario land transfer tax applies at the usual rates on your next purchase. The first-time buyer refund does not apply to someone who has owned a home before.

How long does a transition sale usually take?

It depends more on the people involved than the market. Once everyone agrees on the plan, preparation, listing and closing typically run on the same timeline as any other Markham sale.

Still have a question? Call the Kaizen Real Estate Team at (647) 370-8885.

One Plan, Everyone Informed.

Book a private consultation with the Kaizen Real Estate Team, or call us to talk through your options.

Michael John Lau, REALTORĀ® & Neeraj Moolchandani, REALTORĀ®
Kaizen Real Estate Team Ā· eXp Realty, eXp Luxury
9763 Markham Rd, Markham, ON L6E 1A4 Ā· (647) 370-8885

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