Is the family home always divided equally in Saskatchewan?
This answer covers the law of Saskatchewan.
No, the family home is not always divided equally, but equal sharing is the starting point and the exceptions are narrow. Under The Family Property Act, family property is distributed equally unless the court finds an equal split would be unfair and inequitable.
For the family home the test is stricter. 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. The Court of Appeal has held this threshold is more onerous than for other family property. Exemptions for property owned before the relationship, gifts and inheritances expressly exclude the family home and household goods, although a court can override an exemption where it would be unfair and inequitable.
The Act covers married spouses and unmarried spouses who cohabited continuously for two years or more. Any written agreement between the spouses is one of the factors the court considers. The details of your situation matter, so a lawyer can confirm how the rules would apply to you.
Key takeaways
- Family property is distributed equally unless the court finds an equal split would be unfair and inequitable.
- For the family home, the court looks only to an extraordinary circumstance, or whether the spouse with the children would otherwise be treated unfairly.
- The Court of Appeal has held that the threshold for the family home is more onerous than for other family property.
- The exemptions for property owned before the relationship, gifts and inheritances expressly exclude the family home and household goods.