Is Property Divided Equally in British Columbia After Separation?
This answer covers the law of British Columbia.
Usually yes, but it is a starting point rather than a guarantee. Unless an agreement or order says otherwise, spouses in British Columbia are equally entitled to family property and equally responsible for family debt. On separation each spouse holds an undivided half interest in family property as a tenant in common. What this means in practice is that you start from an equal split of both assets and debts and look for reasons, if any, to depart from it.
Family property is everything either spouse owns separately or together on the date of separation, and it does not matter whose name it is in. Excluded property, such as inheritances and property from before the relationship, is treated differently. Spouses can also agree in writing to divide things equally or unequally, and a court cannot override a written, witnessed agreement unless it is set aside.
A court may order an unequal division only if an equal division would be significantly unfair, and the government says courts will not order that in most cases. Pensions follow their own rules, and only the part earned during the relationship is shared.
Key takeaways
- Unless an agreement or order says otherwise, spouses are equally entitled to family property and equally responsible for family debt.
- Family property is what the spouses own on the date of separation, whoever's name it is in.
- A court orders an unequal division only where an equal division would be significantly unfair.
- Spouses can agree in writing to a different split, and a court cannot override a written, witnessed agreement unless it is set aside.