Property division.
Property division is often the most financially complex part of a separation. We identify what British Columbia law requires, what you are entitled to, and how to get there efficiently.
Two kinds of property.
Family property
What is divided between spouses.
Acquired during the relationship
Property either spouse owns at separation is generally family property, whichever name is on title or the account.
What it includes
The family home, investment portfolios, pensions and RRSPs, business interests, corporate shares and other assets of value.
Debt is divided too
Family debt, including mortgages, lines of credit and credit cards, is shared between spouses along with the assets.
Equal by default
Family property is presumptively divided equally. The court can order an unequal division only where equal division would be significantly unfair.
Excluded property
What generally stays with its owner.
Before the relationship
Property a spouse owned before the relationship began is generally excluded from division.
Gifts and inheritances
Gifts and inheritances received by one spouse are generally excluded, unless they were treated as shared.
Growth in value
The increase in value of excluded property during the relationship is generally family property and can be shared.
Tracing and proof
The spouse claiming an exclusion must show where the property came from. Records, valuations and tracing evidence decide these claims.
Clear advice on every asset, and every debt.
We act for spouses dividing property on separation, from the family home to businesses, pensions and trusts, by agreement or in BC Supreme Court.
Family home and real estate
Advice on the family home: whether to sell, buy out the other spouse, or keep it. Buyout valuations, mortgage liability and title transfer.
Excluded property claims
Gifts, inheritances and pre-relationship assets may be excluded from division. We identify and protect your excluded property claims.
Pensions and RRSPs
Pension entitlements are often the largest asset in a separation. We advise on defined benefit and defined contribution plans, pension division and RRSP splitting.
Business interests
Business valuations, shareholder agreements and the division of corporate interests need specialist advice. We work with valuators to protect your position.
Debt allocation
Mortgages, lines of credit, credit cards and joint debt must be allocated on separation. We advise on who is responsible for what and how to structure the split.
Unequal division applications
In limited circumstances the court can order an unequal division if equal division would be significantly unfair. We advise on making or defending these claims.
From first call to resolution.
- 01
Book a consultation
We review your assets and liabilities, explain the difference between family property and excluded property, and assess your entitlements under BC law.
- 02
We build your strategy
We identify your excluded property claims, engage experts where needed, and prepare a clear position for negotiation, mediation or litigation.
- 03
Resolution or court order
Most matters resolve by agreement. Where they do not, we litigate in BC Supreme Court to protect your financial interests.
Questions we hear.
What is family property?
Family property is property owned by one or both spouses at the date of separation, such as the home, investments, pensions, RRSPs and business interests. It is presumptively divided equally under the Family Law Act.
What is excluded property?
Excluded property includes assets owned before the relationship, gifts and inheritances. It is not divided, though growth in its value during the relationship is generally shareable.
Is property always divided 50/50?
Equal division is the starting point. A court can order an unequal division only where equal division would be significantly unfair, which is a high threshold.
How is a business or pension valued?
Business interests and pensions are usually valued by independent experts, such as business valuators and actuaries, so that both sides negotiate from reliable numbers.
Who is responsible for the debts?
Family debt is generally divided between spouses in the same way as family property. Allocation depends on the debt, who incurred it and how it was used.
Do I need to go to court?
Not always. Most property disputes resolve through negotiation or mediation, and a written agreement can be made into a consent order. We litigate in BC Supreme Court when agreement is not possible.
Know your position.
Book a confidential consultation to discuss your property division matter.
Book a consultation