When we break up, what happens to the things we own?

When you break up, you have to decide what happens to the family assets.

• Family assets are the things you owned together or used during the relationship.

• Family assets typically include the family home, bank accounts, retirement savings, investments, insurance policies and pensions.

Personal items that only one of you used during the marriage will not usually be included as family assets.

Your legal rights to the family assets depend on if you were married or living together (common-law) before you broke up.

What if we were married?

If you were married, you usually have a right to one half of all the property you bought together or used during the marriage.

What if we were not married?

If you were living together (common law), it is more difficult. Talk to a lawyer right away.

You may have rights to property you bought and used during the relationship.

Are there exceptions to an equal division?

Yes. In some cases, it would be unfair to divide the family assets equally. For example, say the wife owns her own home when she gets married. After eight months of marriage, the couple separates. It would not be fair for the husband to get half of the value of the home. A judge would likely give the husband much less than one-half of the value of the home.
When a judge decides how property is to be divided, the judge considers things like:

• how long you were married;
• how long you have been separated;
• when the property was bought or sold;
• if one of you got the property as a gift, or inherited the property; and
• your need to be able to support yourself.

You can agree to divide your assets unequally. But that decision must still be fair. If it is not, a judge can review the decision and may change it.

Who will help me?

There are organizations that provide support so that you can make your own decisions about what is best for you. Ask your settlement worker who to contact.
To find information and help in your own language, go to Clicklaw at: www.clicklaw.bc.ca/content/
languages.

This article is legal information and not legal advice. For more information read booklet: Living Together, Living Apart: Common-law relationships, marriage, separation, and divorce. The booklet is available in Arabic, Chinese (traditional), English, Farsi (Persian), French, Korean, Spanish and Vietnamese. Published by the Legal Services Society, 2009. Available at: www.familylaw.lss.bc.ca

For more information read “Dial-A-Law Script 124,  Dial-A-Law. Canadian Bar Association. Available at: http://www.cba.org/BC/public_media/family/124.aspx

This Project is made possible through funding from the Government of Canada and the Province of British Columbia