Understanding your rights in a difficult time
When a relationship ends, there are many emotional and practical decisions to make. One of the most significant—and often most complex—is what happens to the shared home. Whether you’re married or in a common-law relationship, it’s important to understand your legal rights when it comes to property division in British Columbia.
Married vs. Common-Law: What’s the Difference?
In BC, the rules differ slightly depending on whether you’re legally married or considered common-law.
– Married couples: Under the Family Law Act, both spouses are generally entitled to an equal division of family property, including the family home—even if it’s only in one person’s name.
– Common-law partners: If you’ve lived together in a marriage-like relationship for at least two years, the same property division rules apply. If it’s been less than two years, property may not be automatically shared, but there could still be legal remedies depending on the circumstances.
What Counts as Family Property?
Family property typically includes any property acquired during the relationship, and also the increase in value of assets owned prior to the relationship. This means that even if one partner owned the home before moving in together, the other may have a claim to the increased value of that home.
There are exceptions—such as gifts, inheritances, or certain types of trusts—but even these can become complicated depending on how they were used during the relationship.
What If Only One Name Is on the Title?
This is a common concern. Even if the property is in one partner’s name, the other partner may still have a legal interest in it if it was used as the family residence. Legal ownership on title doesn’t necessarily determine who is entitled to what after a separation.
Should You Move Out?
Leaving the home can have emotional and legal implications. In some cases, it may affect your ability to return or impact how possession of the property is decided during legal proceedings. It’s wise to speak with a lawyer before making that decision.
Protecting Your Interests
Property division is rarely straightforward, especially when emotions are running high. A real estate lawyer can help you understand your options, protect your financial interests, and guide you through the next steps.
FAQs About Real Estate and Separation in BC
What if we both paid for the home, but only one of us is on the title?
Even if only one partner is listed on the title, the other may still have a legal interest in the property if it was the family residence. Contributions—financial or otherwise—can be taken into account during property division.
Do we have to go to court to divide property after separation?
Not necessarily. Many couples are able to reach an agreement through negotiation, mediation, or with the help of their lawyers. However, if an agreement can’t be reached, the matter can be resolved in court.
Can I force the sale of the home if my ex doesn’t want to sell?
In some cases, yes. If both parties own the home and can’t agree on what to do with it, one party can apply to the court for an order to sell the property and divide the proceeds.
What happens if we have children living in the home?
The presence of children can influence decisions about who stays in the home, at least temporarily. The court may prioritize stability for the children when determining who should remain in the residence.
How long do I have to make a claim for property division after separating?
In BC, married spouses have two years from the date of divorce to apply for property division. For common-law couples, the time limit is two years from the date of separation.
Questions About Real Estate and Separation?
If you’re facing a separation and unsure about your rights when it comes to property, I’m here to help. Contact me today for a consultation.
