When a marriage or common-law relationship ends, one of the first questions people ask is: “What happens to our home?” In British Columbia, the answer is guided by the Family Law Act, and while it might sound straightforward—split everything 50/50—it’s often more nuanced than that.
Having worked with many families through separation and property division, I’ve seen how the right information can prevent unnecessary conflict. So, let’s break down how real estate is divided in BC, what “family property” really means, and how you can protect your share.
Under the Family Law Act, all property you and your spouse own on the date of separation is categorized as either family property or excluded property.
The family home almost always falls under family property—even if only one person’s name is on title—because it’s considered the primary residence shared during the relationship.
BC law starts from the assumption that family property is divided equally. This does not necessarily mean the home itself must be split in half, but rather that both spouses are entitled to equal value.
However, courts can depart from a 50/50 division in “significantly unfair” situations. For example:
Unequal division is the exception, not the rule. Most couples end up splitting the net value of property equally after accounting for debt and exclusions.
The value of the family home is determined based on fair market value at the date of separation. In practice, this often means getting a professional appraisal or comparative market analysis (CMA) from a licensed real estate agent.
Once the value is agreed on, the next step is deciding whether the home will be:
This is a frequent point of confusion. Even if only one spouse is on title, the other usually has an equal claim to the value of the property if it served as the family home. Title ownership does not override family law rights.
Courts have repeatedly emphasized that the focus is on use, not paperwork. If the home was occupied as the primary family residence, both parties generally share in its value.
In BC, couples who have lived together in a marriage-like relationship for at least two years are treated the same as married spouses when it comes to property division. This means common-law partners also share equally in family property, including real estate, unless they have a valid cohabitation or separation agreement stating otherwise.
While excluded property (like a home owned before marriage) is protected, any increase in its value during the relationship is divisible. For example, if you owned a townhouse worth $400,000 when you married and it’s worth $700,000 at separation, your spouse may be entitled to half of the $300,000 gain.
Proving an exclusion requires documentation—purchase agreements, bank records, or legal transfer documents. Without clear evidence, courts may assume the property is family property.
Yes, if both agree or the court approves a buyout. The spouse keeping the home must refinance the mortgage to remove the other person from the loan and pay them their share of equity. This is typically coordinated with lawyers and lenders once the property’s value is confirmed.
If refinancing is not possible, selling the home is often the only practical solution.
For most couples, the principal residence exemption protects the sale of the family home from capital gains tax. However, if you own multiple properties or have investment real estate, tax implications can arise. It’s wise to consult an accountant familiar with BC real estate and family law before transferring or selling any property.
When couples disagree on property division, there are several routes before court:
Each path has pros and cons—mediation is often faster, cheaper, and less stressful than going to court.
In BC, most family homes are divided equally under the Family Law Act, regardless of title ownership. Exclusions can apply, but documentation is essential. When emotions and finances collide, clear advice and transparent communication can make all the difference.
If you’re facing separation or divorce and need to understand your property options, reach out for a confidential conversation. Our team has guided many families across Surrey, Langley, Delta, White Rock, and Abbotsford through this process with fairness and care.
The Mansour Real Estate Group, led by Mohamed Mansour, MBA and Associate Broker, is one of the Top 1% real estate teams in the Fraser Valley and a trusted authority in divorce, estate, and family property sales. With over 20 years of experience and more than $750 million in transactions, we deliver exceptional results with professionalism and compassion across Surrey, Langley, Delta, White Rock, and Abbotsford.
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