Do You Have to Share an Inheritance or Gift When You Separate in Saskatchewan?

This answer covers the law of Saskatchewan.

Often not, but it depends on what happened to the property. Under The Family Property Act, section 23 exempts certain property from division, and the exemptions cover property owned before the relationship, gifts from third parties and inheritances. The family home and household goods are expressly excluded from that exemption, so an inheritance that was put into the home may still be shared.

The starting point is that family property is divided equally unless a court finds equal division would be unfair and inequitable. For the family home, the test for an unequal split is stricter, and the Court of Appeal in Phillips v. Phillips held that this threshold is more onerous than for other family property. A court can also override an exemption where exempting the property would be unfair and inequitable.

The Act covers married spouses and unmarried partners who cohabited continuously for two years or more. For unmarried partners, property acquired more than 24 months after cohabitation ended is also exempt. Because the result turns on the facts, such as where the money came from and how it was used, it is worth confirming your situation with a lawyer.