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Mortgage & Home Buying

Spousal Buyout Mortgage in Canada: Keeping the House After a Separation

By Jordan Ellis · Published · Reviewed

Quick Answer

Canada's spousal buyout program lets one partner borrow up to 95% of a home's appraised value to pay out the other's equity after a separation, far above the 80% cap on ordinary refinances. It runs through lenders using mortgage default insurance and is treated like a purchase, so the usual minimum down payment tiers apply: 5% on the first $500,000 and 10% on the rest. On a $700,000 home with a $400,000 mortgage, the staying partner can borrow up to about $655,000: pay off the $400,000, hand the ex their $150,000 share of the equity, and keep the house. You need a signed separation agreement, an appraisal, sole qualification under the stress test, and both parties currently on title and the mortgage.

The house is usually the biggest asset in a separation — and the hardest to divide, because you can’t cut a bungalow in half. The spousal buyout program exists precisely so one partner can keep it.

The math on a real file

Home appraised at $700,000, joint mortgage of $400,000, equity $300,000, split 50/50 per the separation agreement:

StepAmount
Maximum new mortgage (5% of first $500k + 10% of the rest kept as equity)$655,000
Pays off joint mortgage−$400,000
Ex’s equity payout−$150,000
Room left for legal and appraisal costs, or not borrowed at all$105,000

The staying partner doesn’t have to borrow the maximum: a mortgage of about $555,000 plus costs covers the payout, and the default-insurance premium gets added on top. The departing partner walks with $150,000 and a clean break. Run the new payment with the refinance calculator.

The requirements that make or break the file

  1. Signed separation agreement. Lenders don’t price “we’ve agreed verbally” — the buyout amount and support terms must be documented and signed.
  2. Both on title and mortgage. The program is for untangling a joint obligation, not buying out a partner who was never on the loan.
  3. Appraisal. The 95% is against appraised value, not your Zestimate.
  4. Sole qualification under the stress test. This is where most files die: one income carrying what two incomes bought. Child/spousal support received counts as income (documented); support paid counts as debt. Check your number with the mortgage stress test calculator before falling in love with the outcome.
  5. Insured file. The 95% LTV requires mortgage default insurance — see what that premium costs.

If the numbers don’t work

  • Co-signer — parents or a new partner can bridge qualification, but hand them the co-signing reality first
  • Offset with other assets — take less house equity in exchange for their pension share or investments; RRSP-to-RRSP transfers on separation move tax-free on form T2220
  • Sell, honestly. Two smaller housing situations funded by real equity beat one unaffordable house and a decade of resentment. The rent vs buy math applies to the next chapter too.

The order of operations

Separation agreement first (lawyer), appraisal second, lender third — a broker who places insured files regularly, since not every lender touches spousal buyouts. And once it’s done, update everything: title, will, beneficiaries, and the net worth snapshot of your new single household.

Official sources

Rules and dollar limits change. Confirm current amounts with the official pages below before you act · Last reviewed .

Frequently Asked Questions

How does a spousal buyout mortgage work?

The home is appraised, the separation agreement fixes each party's equity share, and the staying partner takes a new insured mortgage of up to 95% of value (less above $500,000, where the purchase down payment tiers apply). The proceeds pay out the existing joint mortgage and the departing partner's equity. Legally it runs as a purchase from your ex, not a refinance — which is what unlocks the 95% loan-to-value instead of the usual 80% refinance cap.

Can I buy out my spouse without selling the house?

Yes — that is exactly what the program exists for. The alternative paths: a normal refinance capped at 80% of value (often not enough to cover the buyout), a HELOC or second mortgage on top, family loans, or selling and splitting. If the equity is large relative to 80% of value, the spousal buyout program is usually the only way to keep the home.

What do I need to qualify for a spousal buyout?

A signed separation agreement specifying the buyout amount, both parties on title and on the existing mortgage, a professional appraisal, and — the hard part — qualifying for the full new mortgage on your single income under the stress test. Support payments received can count as income; support paid counts as debt. CMHC, Sagen, and Canada Guaranty all insure these files.

Do I pay land transfer tax on a spousal buyout?

Usually no — transfers between spouses or former spouses pursuant to a separation agreement or court order are exempt from land transfer tax in most provinces, including Ontario and BC, when the home was the matrimonial home. The exemption is a meaningful five-figure saving versus any third-party sale.

What if I can't qualify for the buyout alone?

Common, given the stress test on one income. Options: a co-signer (parents, new partner — with all the obligations co-signing carries), support income documented over a history to count toward qualification, a smaller buyout negotiated against other assets (pensions, investments, RRSPs via tax-free transfer on separation), or accepting the sale. Sometimes the honest math says the house was a two-income asset.

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