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Volatile real estate market makes divorce even more painful – The Globe and Mail

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The challenges of going through a divorce in the current real estate market may begin as soon as one partner decides to move out.fizkes/iStockPhoto / Getty Images

Higher interest rates and strained affordability in the Toronto-area housing market are creating thorny issues for married couples going through separation or divorce.

The turbulence that often comes with relationship breakdown is magnified in 2023 if the couple owns property and needs to divide the value of the matrimonial home in a volatile real estate market.

“This is creating increased conflict,” says Lisa Chegini, managing partner at the family law firm Caspersz Chegini LLP in Vaughan, Ont., “It includes this whole unfortunate circumstance of each party’s money being held hostage in the home.”

The challenges may begin as soon as one partner decides to move out.

A spouse who wants to buy another house or condo unit may come up against the obstacles of low supply, high prices and stringent conditions around getting a mortgage, she says.

And moving into a rental property can be just as difficult with low vacancy rates and soaring rents, Ms. Chegini adds.

For most couples, the home is their biggest asset, she points out, and the timing of a sale becomes all-important. Some homeowners who purchased at the height of the market during the pandemic, for example, may not be able to sell for the same amount today.

In that case, one or both spouses might favour putting off a sale with the hope of fetching a higher price later.

There are caveats with that approach, warns Ms. Chegini, explaining that, when both spouses are on title, the one who moves out needs to keep paying half of the mortgage, property tax and insurance payments in order to benefit from a rise in value.

A spouse who is not on title is not entitled to any share of the gain in the value of the house after the date of separation.

Few people have enough cash to contribute to those carrying costs while they are also paying for rent or the mortgage on a new place, she points out.

Ms. Chegini is seeing adults move back in with their parents or siblings as a result.

The financial strain is exacerbating existing problems between many couples, she adds.

“It is more acrimonious than in the past.”

Such scenarios are also leading to an increase in the number of partners wanting to purchase the other’s share of the matrimonial home – especially when the couple has children.

Single parents often figure they won’t be able to afford another house in their neighbourhood, she says, and they’re reluctant to move the kids a long distance from their current school.

In family law, one partner does not have the right to buy out the other’s equity in the home, she points out, and a judge can’t order a reluctant party to agree.

Therefore, the only way to come to an agreement is for the two to co-operate, she says. If the couple is likely to clash, she advises them to sell instead.

In her own practice, she figures no more than 30 or 40 per cent of couples are able to reach such a deal.

In the past, couples would often estimate the value of the home and divide it up between them without bringing in an appraiser.

But market values have been fluctuating in the past couple of years, and sometimes one partner will try to gain an opportunity to increase their own wealth by speeding up a sale, stalling or shopping around for the appraisal that suits them.

“Once they see these appraisals coming in, they start fighting over the numbers,” she says.

Ms. Chegini is currently working on a file with one appraisal done in February and another in May. Prices in the Greater Toronto Area shot up 10 per cent or more during that time.

“Now we have a battle of the appraisals,” she says, adding that the spouses will likely take the matter to court.

But Ms. Chegini cautions that such legal wrangling is often not worthwhile because mounting legal fees will quickly erase any gain that one side makes. In her experience, couples often have trouble letting go of any amount above about $25,000.

Because of the recent flux in the market, Ms. Chegini now recommends that couples bring in an appraiser before they start even an informal negotiation around one spouse staying in the home.

The spouse who wants to keep the house may have trouble qualifying for a mortgage at current mortgage rates, Ms. Chegini warns. She has heard of couples trying to find creative solutions such as having the departing spouse remain on the mortgage so that the lender will see two incomes.

Those tactics involve all kinds of risk for the lender and the couple, she says, but the lack of housing is making it harder for one party to hold onto a house.

“The chronic shortage is really creating these pressing issues.”

Mortgage broker Jason Georgopoulos of Dominion Lending Centres, has also been meeting with couples who grapple with financing after a split.

In one case, a partner wants to buy the other’s share of the house but can’t qualify for a mortgage at a rate that makes sense, says Mr. Georgopoulos.

At the start of their negotiations, the couple calculated costs assuming a mortgage rate in the five per cent range. Now the spouse who wants to purchase needs to qualify at an interest rate of 8 or 9 per cent.

The changing circumstances have caused the couple to go back to the bargaining table, he says.

Appraisals, meanwhile, have been unpredictable.

“The valuations of properties are coming in all over the place – it almost changes week-to-week and month-to-month depending on what’s happening in your neighbourhood.”

Mr. Georgopoulos also urges the borrower to make a realistic decision about whether the financial burden they are taking on is feasible for the long term. He wants to ensure that clients are agreeing to a plan they can live with for five years or more.

“Just because I can get you the money doesn’t mean you should take it,” he says.

Ms. Chegini says lawyers who practice family law were hoping that turmoil would settle down as couples became accustomed to dealing with COVID-19. At the peak of the pandemic, many tensions arose around children and precautions such as masking and visiting family, she says.

But climbing interest rates and stubborn inflation have exacerbated many conflicts, she says, and people lack visibility about the future.

“There’s that feeling of loss of control because there’s no light at the end of the tunnel.”

In addition to the pain of marriage breakdown, couples are grappling with greater financial hardship if the property has lost value since they purchased it.

“They say, ‘I thought my biggest investment would have some kind of return – even if my relationship didn’t work out.’”

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

The Canadian Press. All rights reserved.

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B.C. voters face atmospheric river with heavy rain, high winds on election day

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VANCOUVER – Voters along the south coast of British Columbia who have not cast their ballots yet will have to contend with heavy rain and high winds from an incoming atmospheric river weather system on election day.

Environment Canada says the weather system will bring prolonged heavy rain to Metro Vancouver, the Sunshine Coast, Fraser Valley, Howe Sound, Whistler and Vancouver Island starting Friday.

The agency says strong winds with gusts up to 80 kilometres an hour will also develop on Saturday — the day thousands are expected to go to the polls across B.C. — in parts of Vancouver Island and Metro Vancouver.

Wednesday was the last day for advance voting, which started on Oct. 10.

More than 180,000 voters cast their votes Wednesday — the most ever on an advance voting day in B.C., beating the record set just days earlier on Oct. 10 of more than 170,000 votes.

Environment Canada says voters in the area of the atmospheric river can expect around 70 millimetres of precipitation generally and up to 100 millimetres along the coastal mountains, while parts of Vancouver Island could see as much as 200 millimetres of rainfall for the weekend.

An atmospheric river system in November 2021 created severe flooding and landslides that at one point severed most rail links between Vancouver’s port and the rest of Canada while inundating communities in the Fraser Valley and B.C. Interior.

This report by The Canadian Press was first published Oct. 17, 2024.

The Canadian Press. All rights reserved.

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No shortage when it comes to B.C. housing policies, as Eby, Rustad offer clear choice

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British Columbia voters face no shortage of policies when it comes to tackling the province’s housing woes in the run-up to Saturday’s election, with a clear choice for the next government’s approach.

David Eby’s New Democrats say the housing market on its own will not deliver the homes people need, while B.C. Conservative Leader John Rustad saysgovernment is part of the problem and B.C. needs to “unleash” the potential of the private sector.

But Andy Yan, director of the City Program at Simon Fraser University, said the “punchline” was that neither would have a hand in regulating interest rates, the “giant X-factor” in housing affordability.

“The one policy that controls it all just happens to be a policy that the province, whoever wins, has absolutely no control over,” said Yan, who made a name for himself scrutinizing B.C.’s chronic affordability problems.

Some metrics have shown those problems easing, with Eby pointing to what he said was a seven per cent drop in rent prices in Vancouver.

But Statistics Canada says 2021 census data shows that 25.5 per cent of B.C. households were paying at least 30 per cent of their income on shelter costs, the worst for any province or territory.

Yan said government had “access to a few levers” aimed at boosting housing affordability, and Eby has been pulling several.

Yet a host of other factors are at play, rates in particular, Yan said.

“This is what makes housing so frustrating, right? It takes time. It takes decades through which solutions and policies play out,” Yan said.

Rustad, meanwhile, is running on a “deregulation” platform.

He has pledged to scrap key NDP housing initiatives, including the speculation and vacancy tax, restrictions on short-term rentals,and legislation aimed at boosting small-scale density in single-family neighbourhoods.

Green Leader Sonia Furstenau, meanwhile, says “commodification” of housing by large investors is a major factor driving up costs, and her party would prioritize people most vulnerable in the housing market.

Yan said it was too soon to fully assess the impact of the NDP government’s housing measures, but there was a risk housing challenges could get worse if certain safeguards were removed, such as policies that preserve existing rental homes.

If interest rates were to drop, spurring a surge of redevelopment, Yan said the new homes with higher rents could wipe the older, cheaper units off the map.

“There is this element of change and redevelopment that needs to occur as a city grows, yet the loss of that stock is part of really, the ongoing challenges,” Yan said.

Given the external forces buffeting the housing market, Yan said the question before voters this month was more about “narrative” than numbers.

“Who do you believe will deliver a better tomorrow?”

Yan said the market has limits, and governments play an important role in providing safeguards for those most vulnerable.

The market “won’t by itself deal with their housing needs,” Yan said, especially given what he described as B.C.’s “30-year deficit of non-market housing.”

IS HOUSING THE ‘GOVERNMENT’S JOB’?

Craig Jones, associate director of the Housing Research Collaborative at the University of British Columbia, echoed Yan, saying people are in “housing distress” and in urgent need of help in the form of social or non-market housing.

“The amount of housing that it’s going to take through straight-up supply to arrive at affordability, it’s more than the system can actually produce,” he said.

Among the three leaders, Yan said it was Furstenau who had focused on the role of the “financialization” of housing, or large investors using housing for profit.

“It really squeezes renters,” he said of the trend. “It captures those units that would ordinarily become affordable and moves (them) into an investment product.”

The Greens’ platform includes a pledge to advocate for federal legislation banning the sale of residential units toreal estate investment trusts, known as REITs.

The party has also proposed a two per cent tax on homes valued at $3 million or higher, while committing $1.5 billion to build 26,000 non-market units each year.

Eby’s NDP government has enacted a suite of policies aimed at speeding up the development and availability of middle-income housing and affordable rentals.

They include the Rental Protection Fund, which Jones described as a “cutting-edge” policy. The $500-million fund enables non-profit organizations to purchase and manage existing rental buildings with the goal of preserving their affordability.

Another flagship NDP housing initiative, dubbed BC Builds, uses $2 billion in government financingto offer low-interest loans for the development of rental buildings on low-cost, underutilized land. Under the program, operators must offer at least 20 per cent of their units at 20 per cent below the market value.

Ravi Kahlon, the NDP candidate for Delta North who serves as Eby’s housing minister,said BC Builds was designed to navigate “huge headwinds” in housing development, including high interest rates, global inflation and the cost of land.

Boosting supply is one piece of the larger housing puzzle, Kahlon said in an interview before the start of the election campaign.

“We also need governments to invest and … come up with innovative programs to be able to get more affordability than the market can deliver,” he said.

The NDP is also pledging to help more middle-class, first-time buyers into the housing market with a plan to finance 40 per cent of the price on certain projects, with the money repayable as a loan and carrying an interest rate of 1.5 per cent. The government’s contribution would have to be repaid upon resale, plus 40 per cent of any increase in value.

The Canadian Press reached out several times requesting a housing-focused interview with Rustad or another Conservative representative, but received no followup.

At a press conference officially launching the Conservatives’ campaign, Rustad said Eby “seems to think that (housing) is government’s job.”

A key element of the Conservatives’ housing plans is a provincial tax exemption dubbed the “Rustad Rebate.” It would start in 2026 with residents able to deduct up to $1,500 per month for rent and mortgage costs, increasing to $3,000 in 2029.

Rustad also wants Ottawa to reintroduce a 1970s federal program that offered tax incentives to spur multi-unit residential building construction.

“It’s critical to bring that back and get the rental stock that we need built,” Rustad said of the so-called MURB program during the recent televised leaders’ debate.

Rustad also wants to axe B.C.’s speculation and vacancy tax, which Eby says has added 20,000 units to the long-term rental market, and repeal rules restricting short-term rentals on platforms such as Airbnb and Vrbo to an operator’s principal residence or one secondary suite.

“(First) of all it was foreigners, and then it was speculators, and then it was vacant properties, and then it was Airbnbs, instead of pointing at the real problem, which is government, and government is getting in the way,” Rustad said during the televised leaders’ debate.

Rustad has also promised to speed up approvals for rezoning and development applications, and to step in if a city fails to meet the six-month target.

Eby’s approach to clearing zoning and regulatory hurdles includes legislation passed last fall that requires municipalities with more than 5,000 residents to allow small-scale, multi-unit housing on lots previously zoned for single family homes.

The New Democrats have also recently announced a series of free, standardized building designs and a plan to fast-track prefabricated homes in the province.

A statement from B.C.’s Housing Ministry said more than 90 per cent of 188 local governments had adopted the New Democrats’ small-scale, multi-unit housing legislation as of last month, while 21 had received extensions allowing more time.

Rustad has pledged to repeal that law too, describing Eby’s approach as “authoritarian.”

The Greens are meanwhile pledging to spend $650 million in annual infrastructure funding for communities, increase subsidies for elderly renters, and bring in vacancy control measures to prevent landlords from drastically raising rents for new tenants.

Yan likened the Oct. 19 election to a “referendum about the course that David Eby has set” for housing, with Rustad “offering a completely different direction.”

Regardless of which party and leader emerges victorious, Yan said B.C.’s next government will be working against the clock, as well as cost pressures.

Yan said failing to deliver affordable homes for everyone, particularly people living on B.C. streets and young, working families, came at a cost to the whole province.

“It diminishes us as a society, but then also as an economy.”

This report by The Canadian Press was first published Oct. 17, 2024.

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