Can I Claim the House in My Partner's Name in Saskatchewan?

You have lived with your partner for years, the house is in their name only, and the relationship is ending. It is natural to wonder whether you have any claim at all, or whether title settles the question.

In Saskatchewan, the answer depends mostly on The Family Property Act, not on whose name is on the land title. This article explains how that Act treats common-law partners, how the family home is handled, and what evidence tends to matter.

This article covers the law of Saskatchewan.

Title is not the whole story

Many people assume the person named on the title owns the house outright when a relationship ends. Under The Family Property Act, that is not how it works for spouses. Family property is generally distributed equally between spouses unless the court finds an equal distribution would be unfair and inequitable.

So the first question is not whose name is on the title. It is whether you count as a spouse under the Act, and whether the house is family property that is not exempt.

Are you a spouse under the Act?

The Act defines spouse to include an unmarried person who is cohabiting or has cohabited with another as spouses continuously for not less than two years. The Supreme Court of Canada decision Anderson v. Anderson, 2023 SCC 13, confirms the Act applies to married spouses and to unmarried spouses who cohabited continuously for two years or more.

Two years of living together as a couple is therefore the starting point. Whether something else, such as having a child together, changes that period is not something to assume. If your situation is close to the two-year mark, it is worth confirming with a lawyer how the Act applies to you.

How the family home is treated

The family home has its own, stricter rule. 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 in Phillips v. Phillips held that this threshold is more onerous than the one for other family property.

There is also an exemption rule for other property, covering things like property owned before the relationship, gifts from third parties and inheritances. That rule expressly excludes the family home and household goods. This means that even if your partner bought the house before you met, the home is not automatically protected the way other pre-relationship property might be. The court can also override an exemption where exempting the property would be unfair and inequitable.

For unmarried partners, there is one more point: property acquired more than 24 months after cohabitation ended is also exempt.

What proof tends to matter

Because the two-year period and the character of the property are central, your evidence should speak to them. The table below links common questions to why they matter.

Useful documents often include leases, mortgage and property tax records, joint bills, bank statements, tax returns that list the same address, and messages or photos that show the timeline.

What to do next

• Write down your move-in date, any gaps in living together, and your separation date.
• Gather records of who paid for the home, repairs and bills, and any written agreements.
• Get a copy of the land title to see how the property is registered.
• Before you move out, sign anything or agree to a buyout, talk it over with a lawyer, because how this affects you depends on your situation.
• Ask a lawyer about any time limits for applying, because those should be confirmed early.
• If you feel unsafe at home, ask about emergency options, since an emergency intervention order can give you exclusive occupation of the residence regardless of ownership.

A lawyer can look at your timeline and documents and tell you how the Act is likely to apply to your situation.

Frequently asked questions