Tag Archives: house in divorce settlement

MYTH: “Upon separation, all assets are divided 50/50.”

MYTH: “Upon separation, all assets are divided 50/50.”

FACT: While the Family Law Act provides for a prima facie (on the face of it) equal division of assets and family debt at paragraph 81, this equal division is qualified by the words “subject to an agreement or order otherwise”.  This contemplates a variety of scenarios where an equal division would not occur including, but not limited to the following scenarios:

  1. The parties entered into an agreement (either a cohabitation agreement at the start of the relationship or a separation agreement at the end of the relationship) that provided for an unequal division of assets;
  2. There are excluded assets as defined under s.85 of the Family Law Act that go back to the person who originally owned them and are not included in the property split at all;
  3. The courts made an order under section 95 of the Family Law Act for an unequal division of assets after considering facts such as:

The length of the relationship;
The financial contributions of either party;
The non-financial contributions of either party, including as homemaker and/or primary carer of the children;
The future earnings of the parties;
Who will have primary care of the children moving forward
Any health issues of either party, or the children.

4. The parties agree to an unequal division of assets to satisfy lump sum spousal support.

Every circumstance is unique and in order to know what your rights are, it is important for each party to obtain independent legal advice at an early stage. If you have any questions Seeger Law is here to help 778 478 1168

MYTH: “If I leave the family home after separation, I will not be entitled to my share in that property.”

MYTH: “If I leave the family home after separation, I will not be entitled to my share in that property.” OR “if I’m not registered on title to the family home, I cannot make a claim to the family home”
FACT: There is no requirement that you must stay in the family home in order to maintain a financial interest in the property, we do not operate on “possession is 9/10ths of the law”. Our legislation defines family property as “all real and personal property on the date that the spouses separate that is owned by at least one spouse or that at least one spouse has a beneficial interest in”.  This means that if both spouses are on title to the home but one has moved out for any reason, the home is still family property.  It also means that if only one partner is registered on title, the home is still family property.  When parties separate, the situation is often volatile.  It may make sense for everyone’s comfort and safety that one party move out.  Rest assured that such a decision is not considered abandonment of your interest.  Make a decision about who lives where based upon considerations of how to reduce conflict.

If you have questions about your situation, please, never hesitate to give us a call 778 478 1168