05/13/2026
“If we split, we each get half.” Not exactly.
In British Columbia, the Family Law Act sets equal division as the starting point for dividing family property. But the reality is rarely that simple.
What you’re actually entitled to depends on a range of factors, some straightforward, others less obvious.
Here are a few that can shape the outcome:
➡️ Date of separation
Family property is generally valued as of the date of separation and includes assets held in either or both names, such as the family home, bank accounts, pensions, investments, and business interests.
➡️ Domestic agreements
A cohabitation agreement or marriage contract may govern how property is divided, provided it’s enforceable.
➡️ Debts
Assets aren’t the only thing shared. Debts and liabilities are typically divided as well.
➡️ Common-law relationships
The law does not distinguish between married and common-law couples, but you must have lived together in a “marriage-like” relationship for at least two years.
➡️ Excluded property
Certain assets — such as property owned before the relationship, gifts, or inheritances — may be excluded. But any increase in their value during the relationship can still be shared.
➡️ Financial disclosure
Both parties are required to provide complete and honest financial disclosure. Attempts to hide assets are often uncovered and rarely end well in court.
➡️ Unequal division
Courts can depart from a 50/50 split if equal division would be “significantly unfair.” It’s a high threshold, but factors like the length of the relationship, a spouse's career contributions, or financial misconduct may come into play.
The rules are clear in principle, but how they apply to your specific assets, debts and timeline is rarely straightforward. Speaking with a family lawyer can help you understand your position.
