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. The Act deals with the division of family property between married spouses or couples who have lived together as spouses for at least two years. The Act does not apply to other individuals.
In some circumstances unmarried individuals who have lived together less then two years may still have a claim regarding property somehow tied to the relationship. However, the law that applies in these situations is far less clear and varies depending on the individual circumstances. These individuals may wish to seek the advice of a lawyer to help determine their rights and obligations.
If you want to make a court application for division of family property or respond to one served on you and you are not represented by a lawyer you should look at the information in 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 under The Family Property Act cannot be made once the spouses are divorced or, in the case of unmarried spouses, once they have lived apart for 24 months.
The Family Property Act establishes how family property is treated under Saskatchewan law, defines what property falls under the Act, and sets out certain criteria that must be met for the Act to apply.
The value of a family home will be divided equally between spouses unless it would be unfair and unjust to do so because of extraordinary circumstances or would be unfair to a spouse who has custody of the children.
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.
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. If the agreement is not an interspousal contract courts can still consider it.
Frequently asked questions and answers.