Is Property Split 50/50 on Separation in Manitoba?

When a relationship ends, one of the first questions is whether everything gets cut down the middle. In Manitoba the short answer is that equal sharing is the rule the law starts from, but it is not an unbreakable rule.

This article explains what the equal split actually applies to, when a court may change it, and what agreements and deadlines can do to your claim. It is general information, not advice on your own situation.

This article covers the law of Manitoba.

Equal sharing is the starting point

Under The Family Property Act, each spouse and common-law partner has the right, on application, to an accounting and, subject to the court's power to change the result, an equalization of assets. The combined value is divided into two equal shares unless the court orders otherwise.

So in practice, equal sharing is the starting point, and the court begins from two equal shares unless it orders otherwise. An asset can count as a family asset when it is owned by one or both partners and used for purposes such as shelter or household use. How the name on an asset or who earned the money affects a particular asset depends on your situation, so it is worth confirming with a lawyer. What matters is whether the person qualifies under the Act and whether the asset falls within it.

When a court can depart from equal sharing

The Act sets different thresholds depending on the kind of asset. A family asset is one owned by one or both partners and used for shelter, transportation, or household, educational, recreational, social or aesthetic purposes, including the family home and certain savings or chequing accounts. A commercial asset is an asset that is not a family asset.

The bar for family assets is therefore higher. Disagreeing with the result, or feeling it is unfair in an everyday sense, is not enough on its own.

Does bad behaviour change the split?

Generally not. Conduct is disregarded in dividing property unless it amounts to dissipation. Dissipation, in plain words, means wasting or giving away assets so that less is left to share.

If you think a partner transferred, wasted or gave away assets, there is a time limit. You have two years from the transfer or dissipation, or from its discovery, to challenge dissipation or excessive gifts. Keep records that show what existed and when.

Agreements, common-law partners and time limits

• Agreements: the Act does not apply to an asset disposed of by a spousal agreement or common-law relationship agreement, or made inapplicable by its terms, and an agreement can vary how the Act applies. Assets the agreement does not address remain subject to the Act.
• Common-law partners: they are covered by the same equal-sharing accounting once they meet the definition, which means registering the relationship or cohabiting for three years. Section 2.1(2) generally excludes couples who had cohabited three years and separated before section 2.1 came into force, unless they later resumed cohabiting and registered the relationship, or cohabited at least 90 days after that date.
• Deadline for spouses: an application may not be made more than 60 days after the divorce becomes absolute or takes effect, although the court may extend the time in specified circumstances.
• Deadline for common-law partners: 60 days from registration of the dissolution if registered, or three years from when they began to live separate and apart if unregistered.

Because these deadlines can end a claim, it is worth getting advice early rather than waiting for the divorce.

What to do next

Property claims are made to the Court of King's Bench. The applicant files and serves a sworn statement of assets and liabilities, and the other person has 14 days to respond with a similar statement. The court may also make interim orders.

• List every asset and debt, and note whether each looks like a family asset or a commercial asset.
• Gather statements, titles, tax returns and any agreement you signed.
• Write down key dates: when you began living together, when you separated, and any transfers of assets.
• Check which deadline applies to you and mark it on a calendar.
• Speak with a family lawyer before you sign any agreement.

Frequently asked questions