When spouses separate, in most cases, they will want to divide up what they own. There are legal rules that set out how family property is divided. This section covers situations governed by The Family Property Act. It deals with the division of family property between:
- married spouses
- couples who have lived together as spouses for at least two years
The Act does not apply to other individuals. While the Act does not apply, those in other types of relationships may still have claims to property. For example, they may have purchased a house or other property together. These individuals may wish to seek the advice of a lawyer to help understand their rights and obligations.
If you are not represented by a lawyer in relation to a family property matter, see Unrepresented Litigants. If you want to use the Form Wizard to make or respond to a court application for division of family property, create a free account to get started.
It is important to remember that an application to divide property cannot be made once the spouses are divorced. In the case of unmarried spouses, it cannot be made once they have lived apart for 24 months.
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The Family Property Act
The Family Property Act establishes how family property is treated under Saskatchewan law. It defines what property falls under the Act and sets out certain criteria that must be met for the Act to apply.
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Family Home
The value of a family home will be divided equally between spouses unless it would be unfair and unjust to do so. This could be because of extraordinary circumstances or that it would be unfair to a spouse who has custody of the children.
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Equal Division
Generally speaking, each spouse is entitled to an equal share of their family property and an equal share of the family home. In some cases, however, a court can decide that unequal division is appropriate.
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Property Agreements
Spouses can make an agreement to divide their property in whatever way they think is best. If the agreement meets the requirements of an interspousal contract under The Family Property Act, a court will not generally change the way the property is divided. Even if the agreement is not an interspousal contract, courts can still consider it.
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FAQ
Frequently asked questions and answers.