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Family

How Do Common-Law Couples Split Assets When They Separate in Saskatchewan?

TSL Written by the Treadstone Law Team· Updated November 6, 2026

This answer covers the law of Saskatchewan.

Common-law couples in Saskatchewan split property under The Family Property Act if they count as spouses, which includes an unmarried person who has cohabited with another as spouses continuously for not less than two years.

Family property is generally shared equally unless the court finds that would be unfair and inequitable. The family home has a stricter test, which allows an unequal split only for an extraordinary circumstance or where the spouse with the children would otherwise be treated unfairly. Property owned before the relationship, gifts from third parties and inheritances can be exempt, but the exemptions expressly exclude the family home and household goods. A court can override an exemption where it would be unfair and inequitable, and for unmarried partners, property acquired more than 24 months after cohabitation ended is also exempt.

How debts are handled, and how long you have to apply, depend on your facts, so confirm both with a lawyer promptly. A practical start is to list what each of you owns and owes and gather records and any written agreement. Family matters coming to court in Saskatchewan must attempt family dispute resolution by the close of pleadings, unless you apply for an exemption for interpersonal violence, child abduction or other urgency.

Key takeaways

  • An unmarried person who has cohabited with another as spouses continuously for not less than two years counts as a spouse under The Family Property Act.
  • Family property is generally distributed equally unless the court finds that would be unfair and inequitable, with a stricter test for the family home.
  • Property owned before the relationship, gifts from third parties and inheritances can be exempt, but the family home and household goods are excluded from those exemptions.
  • For unmarried partners, property acquired more than 24 months after cohabitation ended is also exempt.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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