Marriage is about joining lives—and often, joining finances and property. But many couples in British Columbia are surprised to learn that saying “I do” can change the way the law views their real estate. Understanding how marriage affects property ownership in BC helps you plan wisely and avoid surprises down the road.
Here’s what really changes (and what doesn’t) once you’re married when it comes to your home, mortgage, and property rights under the Family Law Act.
In BC, the Family Law Act governs how property is owned and divided when a marriage or common-law relationship ends. Once you’re married, any property you acquire during the marriage is considered family property—even if it’s only in one person’s name.
That means both spouses generally have an equal right to the value of property purchased or paid into during the marriage, regardless of who earned more or who’s on the title.
There are two key categories of assets under BC law:
However, even excluded property can become partly divisible if it grows in value after the marriage begins. The increase (for example, appreciation in a home’s value) is usually shared equally.
If you owned a home before getting married, that property remains excluded—meaning you keep its original value if you ever separate. But any increase in its market value during the marriage is considered family property and would typically be split 50/50.
Example: You bought a condo for $500,000 before marriage, and it’s worth $800,000 five years later. If you divorce, the $300,000 increase in value would usually be shared equally between both spouses, while the original $500,000 remains yours.
Some people choose to add their spouse to the property title after marriage. While this can simplify estate planning, it also changes ownership rights. Once both names are on title, the property is legally co-owned, and both have full rights to it—regardless of who paid the mortgage or down payment.
Before adding a spouse to title, it’s wise to get legal advice. In many cases, a marriage agreement or postnuptial agreement can clarify intentions and protect both partners fairly.
When you buy property after marriage, it’s automatically considered family property. Both spouses are entitled to an equal share of its value, even if the title is registered in only one name. This is because marriage creates a financial partnership under BC law.
If one spouse provides a larger down payment using excluded funds (like proceeds from a previous home or inheritance), that contribution can remain excluded—but only if it’s properly documented.
In most cases, both spouses are responsible for debts accumulated during the marriage, including mortgages. Even if only one person is on the loan, the court can take joint benefit into account when dividing property or assigning responsibility for debt repayment.
That’s why clear communication—and sometimes a written agreement—can prevent misunderstandings about who pays what if life circumstances change.
If you or your spouse owned real estate before marriage, protect it by keeping good records:
Proper documentation helps distinguish excluded property from family property later if needed.
In BC, common-law partners who have lived together in a marriage-like relationship for two years have the same property rights as married spouses under the Family Law Act. That means property division rules apply equally whether or not you had a wedding.
Marriage also impacts estate rights. Spouses automatically inherit under BC’s Wills, Estates and Succession Act (WESA) if their partner passes away without a will. This makes updating your will and property documents essential after marriage—especially if one or both of you own property individually.
Adding each other to title or updating beneficiary designations ensures your assets pass as intended and avoids complications later.
Not every couple needs one, but if one spouse owns significantly more property or plans to inherit family real estate, a marriage agreement can bring peace of mind. It’s simply a tool to set clear expectations, not a sign of mistrust.
Handled thoughtfully, it can protect both partners and help avoid confusion if things ever change.
Marriage in BC doesn’t automatically transfer ownership, but it does change how property is viewed under the law. Real estate bought or paid into during marriage is shared equally, while pre-owned property remains yours—except for any increase in value.
Whether you’re newly married or planning ahead, it’s smart to understand how ownership, title, and documentation shape your long-term financial picture. Reach out to Mansour Real Estate Group for personalized guidance on buying, selling, or protecting your property after marriage. We’ll help you plan with clarity and confidence.
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 life-stage real estate planning—from first homes and newlywed purchases to family transitions and estate sales. With over 20 years of experience and more than $750 million in transactions, we deliver exceptional results with professionalism and care across Surrey, Langley, Delta, White Rock, and Abbotsford.
Address 15595 24 Avenue, Surrey, BC, V4P 1H5
