Is Property Split Equally in a Saskatchewan Separation?

You may have heard that everything is split equally when a couple separates in Saskatchewan. That is close to the starting point, but it is not the whole story. The rule has exceptions, and they matter most when one spouse brought assets into the relationship or received an inheritance.

This article explains where the equal-division rule comes from, what is treated differently, and what a court looks at before it departs from an equal split.

This article covers the law of Saskatchewan.

Where the equal-division rule comes from

Section 21 of The Family Property Act says family property is distributed equally between spouses unless the court finds that an equal distribution would be unfair and inequitable. So equal division is the starting point, and a different split depends on the court finding that equal division would be unfair and inequitable.

The Act covers married spouses and unmarried spouses who have cohabited continuously for two years or more. Whether it applies to you depends on whether you count as a spouse under it, and a lawyer can confirm how that works in your situation.

Equal division is a starting point for how the value of family property is shared. What counts as family property in your case, and how each item is valued, are details worth confirming with a lawyer. Time limits for applying also depend on your circumstances, so it is sensible to ask about them early.

Different rules for different kinds of property

The stricter test for the family home has been described by the Court of Appeal as a more onerous threshold than the one for other family property.

Reading the table together: an inheritance you received may be exempt, but the exemption is not absolute, because a court can override it where exempting the property would be unfair and inequitable. The family home and household goods sit outside the exemptions altogether.

When a court can depart from equal

For most family property, the court asks whether equal division would be unfair and inequitable, and it considers factors including any written agreement between the spouses and how long they cohabited.

• A written agreement between you and your spouse is one factor the court considers.
• The length of the relationship is another factor.
• An exemption can be overridden where exempting the property would be unfair and inequitable.
• For the family home, the bar is higher and the court looks only at an extraordinary circumstance or the position of the spouse with the children.

What counts as unfair and inequitable depends on the facts. A lawyer can tell you how those words are applied to your situation.

Because each case turns on its own facts, two separations that look similar can end differently. Gathering your documents early helps a lawyer see which factors may matter in your case.

Unmarried partners

If you lived together without marrying, the Act can still apply once you have cohabited as spouses continuously for not less than two years. There is an extra exemption for you: property acquired more than 24 months after cohabitation ended is also exempt.

Whether having a child affects the two-year period is not something to assume. Confirm it with a lawyer before relying on it.

What to do next

Since July 1, 2022, family law matters coming to court anywhere in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings before continuing with further court proceedings. You can apply to the court for an exemption where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency.

• Sort your assets into groups: owned before the relationship, gifts and inheritances, the family home, and everything else.
• Find any written agreement, such as a marriage contract or cohabitation agreement.
• Write down the dates you started living together and separated.
• Keep records showing where money for major purchases came from.
• Speak with a lawyer about time limits and about whether your situation might justify an unequal split.

Frequently asked questions