Frequently Asked Questions

Under BC’s Family Law Act, family property generally includes all property (other than excluded property) that either spouse owns at the date of separation that was acquired during the relationship. This can include:

• Real estate
• RRSPs, pensions, and other retirement accounts
• Investments
• Bank accounts
• Business interests

It doesn’t matter whose name is on the title. If it was acquired during the relationship, it’s considered family property unless it is excluded property.

Excluded property is property that generally does not get divided with your spouse when you separate.

• Property you owned before the relationship began
• Inheritances received during the relationship
• Gifts from someone other than your spouse

If excluded property increases in value during the relationship, the increase is usually shared as part of family property. The party claiming excluded property has the burden of proof, meaning that you will need evidence to prove something is excluded property.

In limited cases, a judge can divide excluded property if it would be significantly unfair not to do so, or if property outside British Columbia cannot practically be divided. Courts may also consider a spouse’s direct contribution to maintaining or improving excluded property, or any agreements about how that property should be treated.

You are entitled to full financial disclosure. Courts can order disclosure, and we can work with experts to trace hidden or dissipated assets.

A business can be valued and divided like other property. We often work with business valuators to ensure a fair assessment of the company’s worth.

Yes. Property and debt issues can be resolved at any point after separation.  You don’t need to wait until the divorce is granted.

British Columbia’s Family Law Act states that unless the court orders otherwise, the date to value property is the date of that the parties enter into an agreement, or the date of trial.  In some situations, the court will choose a date other than the date of trial to value an asset.

The value of an asset is its fair market value.  We rely on experts such as business valuators and real estate appraisers to determine the fair market value of assets.

Yes, but it is not automatic. A judge can order that one spouse has the right to live in the family home to the exclusion of the other, but only in limited circumstances.

To succeed, the spouse asking for exclusive use of the home must show two things:

1. That continuing to share the home is practically impossible, not just unpleasant; and
2. That the overall balance of factors (such as income, health, and fairness) favours them staying in the home.

In family law, both spouses are required to provide full and honest financial disclosure. This means producing documents that show income, assets, and debts. In the Supreme Court of British Columbia, one of the first steps in a family court case is completing a Form F8 Financial Statement, which is an affidavit listing a person’s financial information.  If necessary, we can obtain copies of bank statements and other records.  In complex cases, professionals such as forensic accountants or private investigators can be involved.

In British Columbia, the Family Law Act treats common-law spouses and married spouses almost the same when it comes to dividing property and debt. The main difference is in the limitation period for making a claim.

• Common-law spouses (unmarried spouses who lived together in a marriage-like relationship for at least two years) have two years from the date of separation to bring a claim.
• Married spouses have two years from the date of divorce to bring a claim.

This difference in timing can have a major impact, so it’s important to get legal advice as soon as possible after separation.