Our laws recognize that both spouses contribute to matters such as child care, household management and financial support and that upon separation or divorce each spouse is generally entitled to an equal share of the family property.
-
The Family Property Act
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.
-
Family Home
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 couple’s children.
-
Exclusive Possession of the Family Home
A court can make an order allowing one spouse to have possession of the family home. An exclusive possession order sets out who may live in the home, not who will own it. In deciding whether to give one spouse possession of the home the court must consider a variety of factors.
-
Other Family Property
Generally speaking family property will be divided equally unless it would be unfair to do so. In deciding if an equal distribution would be unfair the court considers different factors than when dividing the family home.
-
Property Agreements
Spouses can make an agreement to divide their property whatever way they think is best. If the agreement in made in the manner specified in The Family Property Act, a court will not generally change the way the property is divided.
-
FAQ
Frequently asked questions and answers.