08/11/2026
A Lawyer and their client recently asked me to visit the matrimonial home of a potential new client getting divorced and provide a Letter of Opinion regarding the condition of the home, my recommendations for a listing process and listing price. I was warned ahead of time that the spouse who remains in the home is often confrontational and can escalate to unexpected levels of behaviour.
Yesterday, I arrived at the property, and the spouse (who is no longer living in the home) greeted me outside the house, along with 2 Police Officers.
While the spouse waited outside by the curb, I went to the front door to introduce myself.
The Police and I did everything to begin a friendly and non-confrontational dialogue to avoid escalation, the spouse living in the home decided to prove to everyone that he wanted to stay in full control of the situation.
On a positive note, every time the spouse tried to escalate the situation, myself and/or the Police were able to shift the narrative and avoid any major problems.
That said, this will be a classic situation where the uncooperative spouse does not want to comply with the sale of the home in a divorce and a Court Order will be required.
The Court Order will have to be specific, outlining many terms and criteria, including removal of the spouse living in the home and Exclusive Possession granted to the other spouse.
Without that, the uncooperative spouse will do everything possible to deter buyers, and a successful sale will not be possible.