What is the time limit to apply for property division after separation in Saskatchewan?
This answer covers the law of Saskatchewan.
The time limit for applying for property division under The Family Property Act depends on your situation, and the safest step is to confirm it with a lawyer as soon as you can. Waiting can put a claim at risk, so do not assume you have unlimited time.
What you are claiming matters too. The Act applies to married spouses and to unmarried spouses who cohabited continuously for two years or more. Family property is distributed equally unless the court finds equal distribution would be unfair and inequitable. Property owned before the relationship, gifts from third parties and inheritances can be exempt, though the court can override the exemption where it would be unfair and inequitable.
For unmarried partners, property acquired more than 24 months after cohabitation ended is also exempt. Dates matter, such as when you separated and when each asset was acquired, so gather your records before you speak with a lawyer. If a deadline has passed, whether a late claim is possible depends on the facts, so ask a lawyer rather than assuming it is lost.
Key takeaways
- The Family Property Act applies to married spouses and to unmarried spouses who cohabited continuously for two years or more.
- Family property is distributed equally unless the court finds an equal distribution would be unfair and inequitable.
- Property owned before the relationship, gifts from third parties and inheritances can be exempt, though the court can override the exemption.
- Because a deadline may apply to your claim, confirm your dates with a lawyer as soon as you can.