Home and Property Division Lawyers in Vancouver

What happens to your assets? Protect your financial interests with thoughtful negotiation and a legal approach that’s customized to your exact needs. Acting proactively is essential to making sure assets are divided fairly.

Home and Property Division

When spouses separate, shared property and debts are typically divided equally. Not sure what’s considered family property and family debt? 


Family property includes all property owned by a spouse at the time of separation, including any traceable properties acquired after separation, unless otherwise excluded under the Family Law Act. Common exclusions include property brought into the relationship by one spouse before cohabitation or marriage, gifts and inheritance. 


Family debt includes all financial obligations incurred by a spouse during the relationship that exists at the time of separation, as well as debt incurred by a spouse after separation for the purpose of maintaining family property. 


The law accommodates unequal division of family property and family debt in cases where it would be significantly unfair not to do so.

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Home and Property Division

Frequently Asked Questions

  • Is division of property different for common law couples?

    No. Common law couples (parties living together in a marriage-like relationship for a period of at least 2 years) and married couples are subject to the same property division rights and obligations under the Family Law Act.

  • Who gets to live in the family home after we separate, but before final resolution?

    Both spouses may reside in the family home unless continued shared use of the home is practically impossible. In that case, a party may apply to court for an interim exclusive occupation order, and the the court will assess the facts to determine which spouse is the preferred occupant based on a balance of convenience.  

  • Will I lose my property rights if I move out of the family home before final resolution?

    No. Your rights remain the same. However, moving out may increase the risk of your spouse obtaining an exclusive occupation order. This would prevent you from re-entering the family home without their consent.

  • Can I still claim an exclusion from family property if I used my inheritance to pay day-to-day expenses during the relationship?

    No. The exclusion is lost when it is no longer traceable to an existing property at the time of separation.

  • Can I sell any assets during the divorce process?

    You will need your spouse’s consent or a court order to sell any jointly-owned assets during a divorce proceeding. You may sell assets held solely in your name, but this may increase the risk of your spouse obtaining an asset restraining order against you for dissipating the assets to defeat his/her claims. We strongly encourage you to speak with a family lawyer before disposing of any assets during the divorce process.

  • What happens if my spouse is hiding assets?

    Both spouses are subject to mandatory financial disclosure obligations. Hidden assets will be identified through a number of procedural remedies through the litigation process, including document disclosure orders , examinations for discovery, in some extreme cases, forensic accounting reports or an imputation of assets to the impugned spouse for unequal division in favor of the innocent party.