Few questions cause more stress during a separation than “Who gets the house?” For many families, it’s not just about ownership—it’s about security, stability, and starting over. In British Columbia, the answer depends on how the home was used, who owns it on paper, and what the law defines as fair.
Here’s what really determines who keeps—or sells—the family home during a BC divorce.
In BC, the Family Law Act governs how property is divided when a marriage or common-law relationship ends. The family home is almost always considered family property—even if it’s registered in just one person’s name.
That means both spouses generally have an equal right to its value. The law focuses less on “who paid more” and more on what was shared. If it was the primary residence during the relationship, it’s presumed to be owned equally for division purposes.
Ownership and possession are two different things. You might both have legal ownership, but only one person may stay in the home after separation.
In the short term, spouses often agree—or are ordered by the court—to let one person remain temporarily, especially when children are involved. But that doesn’t mean they “get” the house permanently. Eventually, one of three things usually happens:
If one person owned the home before the relationship began, that original value may be considered excluded property. However, any increase in value during the relationship is considered family property and is typically divided 50/50.
Example: If your spouse owned a home worth $500,000 before marriage and it’s now worth $800,000, the $300,000 increase in value would usually be shared equally—unless the court finds an unequal split would be fairer.
Many people want to stay in the family home, especially if children are involved. To do that, you’ll typically need to buy out your spouse’s share by refinancing the mortgage or paying their portion of the equity.
The process usually looks like this:
If refinancing isn’t possible, selling the home and dividing the proceeds is often the only practical option.
If one person wants to sell and the other refuses, the situation can move to court. Under the Family Law Act or the Partition of Property Act, the BC Supreme Court can order the home sold when it’s the only fair way to divide assets.
Court-ordered sales usually happen when one party blocks progress or can’t afford to buy out the other. Judges prefer negotiation and mediation first, but they can and do force sales when needed.
When kids are part of the picture, the court may let one parent stay in the home temporarily to provide stability. For example, a judge might allow one spouse to live there until the end of the school year. However, this arrangement doesn’t erase the other parent’s ownership rights—it’s a short-term solution focused on the children’s best interests.
In rare cases, the court can depart from the standard 50/50 split if equal division would be “significantly unfair.” Examples include:
These cases are exceptions—the vast majority result in equal division of property value.
For many families, the home represents years of memories and stability. Deciding who gets it—or whether to sell it—can be emotional. But with experienced guidance and a focus on fairness, it can also mark the beginning of a more stable, positive next chapter.
As someone who’s helped many clients through this exact moment, I’ve learned that the right information and the right team make all the difference. You don’t have to navigate it alone.
In BC, both spouses usually share equal rights to the family home’s value, regardless of title ownership. The home can be sold, bought out, or temporarily occupied by one party, but fairness under the Family Law Act is the guiding principle. Courts only intervene when cooperation breaks down or financial fairness is at risk.
If you’re separating or divorcing and unsure how to handle the home, reach out for a private consultation. We’ll walk you through your options clearly and confidentially.
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.
Address 15595 24 Avenue, Surrey, BC, V4P 1H5
