Family Property Division

If you are married or have been residing with your spouse for two years (common law, not married in-law but considered to have the same rights and responsibilities as if you were) and you are separating, you will be required to separate financially from your spouse and divide your property. If you would like more information on common law status, click here.

 

The first step in dividing your property is to determine what assets or debts need to be divided. The law in Saskatchewan presumes that all property and debts that were acquired during the marriage/relationship is to be split on a 50/50 basis where the value of your total property, minus the debts of the parties, in a net amount that is divided equally.

 

There are a few exceptions to the presumption that all property should be split 50/50. Some of these exceptions include if you or your spouse owned property prior to entering the marriage or common law relationship. In that case, the increase in value of the exempt asset may still be divisible.

 

To determine the value of the property, experts may need to be involved. This could include real estate agents, property assessors, pension valuators, company evaluators or tax experts. These experts may be essential to determine the market value of the property and ensuring that you receive the absolutely fair outcome you are entitled to. 

 

The final decision about value and the division of property can be practically resolved two ways: through mutual agreement or by the Courts. Using different techniques and strategies, we can help you come to a resolution of your property matters in an efficient manner. Our attention to detail and ability to present your case, assist you in explaining your fair resolution to your partner so that you can solve your issues as efficiently as possible.

 

It is always our hope that our clients will be able to come to fair and reasonable agreements, but when they are not able to, we are well equipped to help you move your matters through the Courts as well.

 

In order to ensure that this division of property is legally binding, you will be required to sign an Agreement or obtain a Court Judgment. In the event that you and your spouse are able to come to an agreement in regards to property division, you have the ability to be more flexible to reach an agreement that is mutually acceptable. Regardless of the process, the parties should be well informed of their rights and obligations under the law. If you proceed to Court, the Judge will determine the division of property on legislation and case law.