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Family

Is an Inheritance Divided in a Divorce in British Columbia?

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

This answer covers the law of British Columbia.

Usually not. In British Columbia, an inheritance is excluded property, which means it is generally not part of the pool of family property that spouses divide. The same is true of property you owned before the relationship began and gifts from a third party.

There are limits you should know about. If you are claiming that something is excluded, you are the one who must show that it is. The increase in value of excluded property since the later of the start of the relationship or the day you acquired it is itself family property and is shared. For example, the government describes a house worth $300,000 when the spouse moved in and $500,000 at separation: the owner keeps the original $300,000 and the $200,000 increase is shared. Adding your spouse to title does not by itself change the exclusion.

In rare cases a court can divide excluded property, but only if it cannot practically be divided outside B.C. or if not dividing it would be significantly unfair. Whether funds you mixed with family money keep their excluded status depends on the facts and your records, so it is worth confirming with a lawyer.

Key takeaways

  • An inheritance is generally excluded property, as are gifts from a third party and property you owned before the relationship.
  • If you claim that property is excluded, you are the one who must show that it is.
  • Any increase in the value of excluded property since the relationship began or you acquired it is family property and is shared.
  • Adding your spouse to title does not by itself change the excluded status of the property.
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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