For many couples in British Columbia, the family home is more than just an address. It’s where memories were made, children were raised, and life took shape. So when a marriage or common-law relationship ends, the question of “what happens to the house?” is both legally complex and deeply personal.
Here’s what really happens to the family home in a BC divorce—and how you can make informed decisions that protect both your finances and your peace of mind.
Under the Family Law Act, the family home is almost always considered family property. That means it belongs equally to both spouses, even if only one person’s name appears on the title or mortgage. In most cases, each spouse is entitled to half the home’s value at the time of separation.
This applies whether you are legally married or in a common-law relationship of at least two years. The law focuses on use—not whose name is on the paperwork. If the home was your primary residence during the relationship, it counts as a shared family asset.
In the short term, either spouse may remain in the home after separation, depending on financial needs, parenting arrangements, and court decisions. If children are involved, courts often prioritize stability and may allow one parent to remain in the home temporarily until parenting schedules and living arrangements are finalized.
However, that arrangement is usually temporary. Eventually, one of three outcomes happens:
If one spouse refuses to cooperate with a sale or buyout, the other can apply to the BC Supreme Court under the Family Law Act or the Partition of Property Act. The court can order the sale of the home if it’s the fairest way to divide assets or resolve financial obligations.
Judges consider factors like affordability, fairness, and whether continued co-ownership is realistic. While court-ordered sales are sometimes necessary, most families resolve the issue through negotiation or mediation before reaching that stage.
The home’s value is typically based on its fair market value at the date of separation. That value can be determined through a professional appraisal or a comparative market analysis (CMA) by a licensed realtor. If there’s disagreement, lawyers or the court may require a neutral appraisal.
Once value is established, the equity—after mortgage, property tax, and sale costs—is divided between spouses. It’s common for funds to be held in trust by the lawyers until distribution is finalized.
If one spouse owned the home before the relationship, the original value may be considered excluded property. However, any increase in that value during the relationship is usually divided equally. Proving an exclusion requires clear documentation like purchase records or mortgage statements from before the relationship began.
Both parties are typically responsible for any joint mortgage. If one person stays in the home, they usually need to refinance the mortgage in their own name and pay out the other’s share. Until that happens, both remain legally responsible for payments, regardless of who’s living there.
Missing payments can affect both credit scores, so it’s important to stay on top of the mortgage or communicate with your lender early if payments become difficult.
When children are involved, the family home can play a major role in parenting arrangements. Courts and mediators in BC aim to reduce disruption, so sometimes one parent is allowed to stay in the home temporarily so the children can finish the school year or adjust gradually.
That said, this arrangement doesn’t eliminate the other parent’s ownership rights—it only delays when the home will be sold or divided.
For most families, selling the home is not just a financial transaction—it’s an emotional transition. It can feel like losing a chapter of life. But it’s also an opportunity for a fresh start and financial independence.
At Mansour Real Estate Group, we see our role as more than managing a sale. We help families navigate a life change with empathy, structure, and results—ensuring that both sides can move forward with confidence.
Under BC’s Family Law Act, both spouses usually have equal rights to the family home. Whether it’s sold, transferred, or bought out, the goal is to achieve a fair division of value. Legal advice and experienced real estate guidance make the process smoother and protect everyone involved.
If you’re facing a divorce or separation and need to understand your options for the family home, reach out for a private consultation. We’ll walk you through each step with clarity and compassion.
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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