Who gets the house in a divorce in Vancouver?
If you’re separating or even just thinking about it, the question of “Who gets the house?” often keeps people up at night. I've met more than one client who lay awake wondering whether they’d have to move out of the home they helped build. It’s an emotional issue as much as a legal one, and in BC, the answer depends entirely on how the Family Law Act treats the home you shared. Let's break down the law in plain, easy-to-understand terms.
Under section 81 of the Family Law Act, both spouses are entitled to an undivided half interest in all family property and are equally responsible for family debt unless they’ve agreed otherwise. The home you shared is generally considered family property, and so in plain terms, that means when you separate, the family home is presumed to be split 50/50, regardless of whose name is on title or who paid more toward the mortgage.
What if I owned the house before I got married?
With the age of marriage getting older and older in BC, a once uncommon exclusion to the family property rules is now much more common. If you owned the house before marriage (or began cohabiting in a marriage-like relationship), the family home can qualify as excluded property, and is therefore excluded from the division rules. Needless to say, that’s often a big relief to my clients.
But there’s a twist:
If the house increased in value during your relationship, that increase is considered family property. So, while you might keep what you brought into the relationship, you’ll almost certainly have to share the growth.
I once helped a client who bought his house years before meeting his spouse. When they separated, the home had doubled in value. He thought the entire property was his. But because that value increase happened during the marriage, his spouse was entitled to half of that increase. She didn't get the house itself, but she did get her share of the value that had grown while they were together.
What if I move out of the house?
Another common misunderstanding is that whoever stays in the house automatically gets to keep it. That’s simply not true. Staying doesn't mean owning, and leaving doesn't mean losing your rights.
I recently worked with a client who had to move out for safety reasons. She was worried she'd "lost" the house by leaving, or that she’d reduced her chances of getting her full equity out of the home, but she hadn't. She still owned her half and later negotiated a fair buyout from her spouse, who wanted to stay.
What can I do to protect myself?
Most often when people come to see me, they want to know what they can do to protect themselves while they’re making arrangements to sell their family home. While the best step is to come and see a family lawyer like myself, here’s some practical tips for the meantime:
Record the date you separated. Property value is typically determined as of that date.
Gather financial records such as mortgage statements, tax assessments, and receipts for renovations or upgrades. All of these will be invaluable to your family lawyer.
Document the contributions you make to the house. Even if you weren’t on title, evidence of mortgage payments, maintenance, or improvements can matter.
Consider a separation agreement. If you and your spouse can agree on how to handle the home, formalising that agreement gives you certainty and avoids litigation.
But most importantly, reach out to me here at Round Table Litigation as soon as you can to book a consultation. The earlier we talk, the more we can do to preserve you interest in your house.
