Category: Family Property Division
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| Articles, Contract, Family Law, Family Property Division, Litigation, Litigation, Marriage Arrangements
Dealing with a Sibling Stealing from Estate in 2026
If a sibling is stealing from an estate, document the missing assets, gather supporting evidence, and speak with an estate lawyer as soon as possible. Depending on the circumstances, you may be able to recover stolen assets through the courts and hold the responsible party accountable. Acting quickly can help protect the estate and your […]
How to Protect an Inheritance from the Risk of Divorce
In British Columbia, an inheritance you receive is excluded property under section 85 of the Family Law Act, so it stays with you on separation. But any increase in its value during the relationship is shared family property, and an inheritance mixed into jointly held assets can lose its excluded status. Inheritances are meant to […]
How to Divide Assets in Separation or Divorce
In British Columbia, Part 5 of the Family Law Act treats almost everything you and your spouse acquired during the relationship as family property, split equally on separation no matter whose name is on it. Property you brought in or inherited is excluded and stays with you, though the growth on it during the relationship […]
Can a Will be Changed After Death in British Columbia?
Do you want to ensure that your loved ones are adequately provided for when you die? Preparing a will creates peace of mind, knowing that your affairs are in order and that your family members will be taken care of. If you die without a will, you have no control over who administers your estate […]
Joint Family Ventures
In a recent Alberta case involving a wife’s claim to farm property, the court allowed a wife’s unjust enrichment claim, finding that the common-law spouses had been involved in a “joint family venture” and that the husband was enriched by the wife’s provision of domestic services, child rearing, and farm help during the couple’s 14 […]
Joint Tenants vs Tenants in Common: What’s The Difference?
True or false: When you die, all assets and property you own become part of your estate and are passed on to the beneficiaries named in your Will. It may surprise you to know that that statement is false. How you own an asset such as a bank account or piece of property determines whether […]
Dividing Family Property on Separation: Can Your Agreement Be Set Aside
BC’s Family Law Act starts with the presumption that family property and family debt should be divided equally between spouses upon marital breakdown. But the Family Law Act also allows spouses to contract out of the equal division regime and resolve property matters on their own by negotiated agreement. Often this is done in advance […]
Unjust Enrichment in British Columbia – Family Law Case Study
The concept of unjust enrichment in Family Law is complex. In a recent case, Judge v. Judge, 2015 BCSC 1764, a family law case in which the court determined that properties acquired by contributions of a husband, wife, and the husband’s parents, but held in the name of the husband’s parents alone, should be reapportioned […]
Uncontested Divorce in British Columbia: A Comprehensive Guide
An uncontested (desk order) divorce is the fastest route in British Columbia: you resolve every issue arising from the marriage first, then a Supreme Court judge grants the divorce on paper without anyone appearing in court. You still need one year of separation and a spouse ordinarily resident in BC for the year before filing. […]
Spousal Rights After Death in BC
Quick answer: Yes. In British Columbia, a family property-division claim under the Family Law Act survives the death of a separated spouse. As confirmed in Weaver Estate v. Weaver, the personal representative of the deceased’s estate can start or continue the claim against the surviving spouse under section 150 of the Wills, Estates and Succession […]