What is family property versus exempt property in Saskatchewan?
This answer covers the law of Saskatchewan.
Family property is what The Family Property Act puts in the pool to be divided, and exempt property is certain property left out of that pool. Family property is distributed equally between spouses unless the court finds an equal distribution would be unfair and inequitable.
Section 23 exempts certain property, covering property owned before the relationship, gifts from third parties and inheritances. It expressly excludes the family home and household goods, so those are not exempt on that basis. The court can override an exemption where exempting the property would be unfair and inequitable.
The family home has a stricter test. Equal distribution applies unless the court is satisfied it would be unfair and inequitable, having regard only to an extraordinary circumstance, or unless the spouse with the children would otherwise be treated unfairly. For unmarried partners, property acquired more than 24 months after cohabitation ended is also exempt. How each asset is classified depends on your facts, so gather records of when and how you got it, and have a lawyer confirm.
Key takeaways
- Family property is distributed equally between spouses unless the court finds an equal distribution would be unfair and inequitable.
- Exempt property covers property owned before the relationship, gifts from third parties and inheritances.
- The exemptions expressly exclude the family home and household goods, and the court can override an exemption where it would be unfair and inequitable.
- The family home has a stricter test for an unequal split, requiring an extraordinary circumstance unless the spouse with the children would otherwise be treated unfairly.