Other Family Property
Under The Family Property Act family property or its value is to be divided equally. Family property includes any property owned by one or both spouses at the time an application is made under the Act. However, as discussed in The Family Property Act section there are some exemptions that apply to all family property other than the family home and household goods.
Exceptions
The court can move away from an equal distribution of family property if it is satisfied that an equal distribution would be unfair. The circumstances when the court can order an unequal distribution of the family home, as opposed to an unequal distribution of other family property, are different and very limited. See Family Home for more information. In deciding if it would be unfair to divide family property equally, other than the family home, the court considers a number of factors, including…- how long the spouses lived together and how long they have lived apart
- when the property was acquired
- any contribution made by someone else on behalf of a spouse to help buy, operate or use the property
- any contribution one spouse made to the career path of the other spouse
- the effect that domestic responsibilities have had on the earning capacity of each spouse
- gifts, or transfers for less than fair value, from a spouse to a third party
- previous distributions between spouses, whether by gift, agreement or court order
- tax liabilities if the property must be sold
- whether a spouse has wasted, given away or sold property to avoid having it divided
- the amount of any child support payments
- any interest that another person has in the property
- debts of the spouses
- the value of any family property outside of Saskatchewan
- any other relevant circumstances