Family Law
Property & Debt Division Lawyers
BC law starts from equal division of family property and family debt. We help Surrey spouses understand what is shared, what is excluded, and what is fair.
Untangling finances after a relationship ends is stressful, especially when your home, savings and years of effort are on the table. You may be worried about keeping the house, protecting an inheritance, or being left with debts you did not create. Those worries are understandable, and the good news is that BC law provides a clear starting framework. Our job is to help you understand it, and to make sure you are treated fairly within it.
Under BC's Family Law Act, family property and family debt are generally divided equally between spouses. Family property usually includes what either of you acquired during the relationship, such as the family home, savings, vehicles, businesses and pensions, no matter whose name is on it. Family debt, including mortgages, loans and credit cards taken on during the relationship, is shared the same way. Equal division is the starting point in most cases.
Not everything is divided, though. Excluded property, such as assets you owned before the relationship began, gifts, and inheritances, generally stays with the person who owns it. However, the increase in value of excluded property during the relationship is typically shared. Tracing what is excluded and proving it can take careful work, especially where money has moved between accounts or into the family home over the years.
These rules do not apply only to married couples. Unmarried partners who lived together in a marriage-like relationship for at least two years generally fall under the same property division framework. Strict time limits can apply to property claims after separation or divorce, so it is wise to get advice early. A free case evaluation will help you understand what is likely shared, what is likely yours, and what comes next.
How we can help
The family home
Advising on options for the family home, including sale, buyout, or one spouse staying with the children.
Excluded property claims
Tracing and protecting property you brought into the relationship, along with gifts and inheritances you received.
Businesses
Addressing how a business interest is valued and treated fairly within the division of family property.
Pensions and investments
Sorting out how pensions, RRSPs and investment accounts built up during the relationship are fairly divided.
Family debt
Making sure mortgages, loans and credit card debt from the relationship are divided as fairly as the assets.
Unequal division claims
Advising on the rare situations where equal division would be significantly unfair and a different split is justified.
Common questions
How is property divided after separation in BC?
BC's Family Law Act divides family property and family debt equally in most cases. Family property generally includes what either spouse acquired during the relationship, regardless of whose name it is in. Excluded property, like pre-relationship assets, gifts and inheritances, is treated differently. The starting point is equal, but details matter.
Does it matter whose name the house is in?
Usually not as much as people expect. If the home is family property, it is generally shared regardless of title. What can matter more is whether part of its value traces back to excluded property, like a pre-relationship down payment, which is where careful legal analysis really helps.
Do I get to keep my inheritance?
Generally yes. Gifts and inheritances are excluded property under BC law and typically stay with the person who received them. However, the growth in their value during the relationship is usually shared, and mixing inherited funds with family assets can complicate the exclusion, so records and advice matter.
Are common-law couples covered by these rules?
Yes, in most cases. Unmarried partners who lived together in a marriage-like relationship for at least two years generally fall under the Family Law Act's property division rules, the same framework that applies to married spouses. Strict time limits can apply after separation, so get advice early.
What happens to debt when we separate?
Family debt, which generally includes debts taken on during the relationship, is shared between spouses much like family property, even when the debt is in one name only. Debt incurred after separation can also count in some circumstances, so it deserves careful attention in any settlement.
What about my pension or my spouse's business?
Pensions and business interests built up during the relationship are usually part of family property, and dividing them fairly often requires valuation and careful structuring. These are areas where good advice pays for itself. We can review your specific situation during a free case evaluation.
Protect what is fairly yours
No pressure and no obligation. Just a clear conversation about where you stand and what comes next.