Dividing Assets in BC Divorce

BC's Family Law Act uses a clear two-category system. Family property includes all property owned by either spouse at separation — regardless of whose name it is in or when it was acquired. The default is equal division. Excluded property includes property brought into the relationship, gifts and inheritances from third parties, and certain insurance proceeds. Excluded property stays with its owner — but any increase in value during the relationship is family property and is divided.

Unlike Ontario, BC does not give the family home special treatment. If one spouse owned the home before the relationship, the home is excluded property (they keep the pre-relationship value), but the increase in value during the relationship is family property. Both spouses have a right to occupy the family home until the matter is resolved, regardless of whose name is on title.

BC provides common-law couples (after 2 years of cohabitation) with the same property division rights as married couples. This is a significant protection that does not exist in Ontario, Quebec, or New Brunswick. If you have been living with your partner in BC for 2+ years, you have automatic equal-division rights — no need to prove unjust enrichment.