Many people enter marriage already owning a home, but few stop to think about what that means legally. Does the house stay yours? Does your spouse gain any ownership after the wedding? In British Columbia, the answer depends on how the law defines family property and excluded property under the Family Law Act.
If you own real estate before marriage—or plan to marry someone who does—understanding these rules can help you make smart, informed choices that protect both partners fairly.
Under BC’s Family Law Act, anything you owned before getting married is considered excluded property. That means it remains yours if you ever separate. This includes homes, savings, and investments purchased before the marriage began.
However, while the home’s original value stays excluded, any increase in its market value during the marriage is considered family property—and that portion is generally shared equally.
Example: You purchased a townhouse in Surrey for $600,000 before marriage. Five years later, during your marriage, it’s worth $900,000. If you separate, the $300,000 increase in value is typically divided 50/50, but the original $600,000 remains yours.
The idea behind this rule is fairness. During marriage, both spouses contribute to the partnership, financially or otherwise, and the law recognizes that shared effort. Even if one spouse didn’t directly pay the mortgage, they may have contributed through other means—childcare, household expenses, or supporting the other’s income.
Because of this, BC law treats the appreciation of excluded property as something both people helped make possible.
To protect the portion that’s truly yours, documentation is key. You’ll need to be able to prove what the home was worth when you got married. To do that, keep:
Without documentation, it can be harder to separate excluded value from family value later on.
Adding your spouse to the title of a home you owned before marriage changes things significantly. Once both names are on title, the property becomes co-owned—legally and financially. That means both spouses now have equal ownership rights, regardless of who paid the down payment or mortgage.
Even if your intent was symbolic (to show unity or help qualify for refinancing), adding a spouse to title can make the entire home subject to equal division later. Before doing this, it’s best to get advice from a lawyer familiar with family and real estate law.
If you sell your pre-marital home and use the proceeds to buy a new property after marriage, things get more complicated. The new property is generally family property—but your original contribution can still be excluded if properly documented.
To protect your share:
Lawyers often recommend keeping the proceeds in a separate account until the new purchase is completed to clearly trace the excluded portion.
If your property increased in value before you got married, that growth remains excluded—it’s still part of what you brought into the marriage. The law only divides the increase that happens after marriage or the start of a common-law relationship.
That’s why timing and documentation matter so much in BC property law.
If marital funds are used to renovate or pay down the mortgage on a pre-marital property, those contributions may increase your spouse’s claim to the home’s value. Even if the property stays in your name, joint financial effort creates shared benefit, which the law reflects in how equity is divided.
In BC, couples who live together in a marriage-like relationship for two years are treated the same as married couples for property division. So, even if you never have a wedding, the same rules about excluded and family property apply once you reach that two-year mark.
Owning a home before moving in together can still be protected, but documentation and clear agreements are crucial to avoid future disputes.
If you own a home before marriage, a marriage agreement (similar to a prenup) can define how property will be treated if the marriage ends. It’s not about mistrust—it’s about clarity. It can confirm that your existing home remains your separate property, while outlining how future growth or investments will be shared.
Handled respectfully, it protects both spouses and often prevents confusion or tension later on.
If you keep a property in your name only, your spouse doesn’t automatically gain ownership—but they do gain inheritance rights under BC’s Wills, Estates and Succession Act (WESA) if you pass away without a will. That’s why updating your will after marriage is essential, especially if you have children from a previous relationship or plan to retain separate property.
Owning a home before marriage in BC gives you a strong starting point—but marriage changes how future growth in that property is treated. The home’s original value remains yours, but any increase during marriage is shared equally unless an agreement says otherwise.
If you’re marrying soon and already own property, reach out to Mansour Real Estate Group. We can connect you with the right professionals and help you structure your next property move with both your heart and your finances protected.
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
