Property Division
Canadian Property Division
Provincial Rules Compared
Property division in Canada is governed by provincial law, meaning rules vary significantly across provinces. Understanding your province's approach is essential for fair outcomes.
Unlike child support and spousal support (which have federal guidelines), property division is entirely governed by provincial law. Each province has different rules for what is divided, how it is divided, and whether common-law couples have property rights.
What's Generally Divided vs. Excluded
Generally Divided
- Family home (matrimonial home)
- Other real estate acquired during relationship
- Bank accounts and investments
- RRSPs and pension benefits (during relationship)
- Vehicles and household goods
- Business interests grown during relationship
Generally Excluded
- Property owned before the relationship
- Gifts from third parties (if kept separate)
- Inheritances (if kept separate)
- Personal injury awards
- Property excluded by agreement
Important: Increase in value of excluded property during the relationship may still be divided in some provinces.
Provincial Comparison
How each major province approaches property division.
| Province | Method | Key Principle | Common-Law |
|---|---|---|---|
| Ontario | Net Family Property (NFP) | Equalization payment based on difference | No property rights |
| British Columbia | Equal Division | Family property split 50/50 | Full rights after 2 years |
| Alberta | Just & Equitable | Fair division, typically 50/50 | AIP status required |
| Quebec | Family Patrimony | Specific assets divided 50/50 | No automatic rights |
| Manitoba | Equal Sharing | Presumption of 50/50 | Rights after 3 years |
| Saskatchewan | Equal Distribution | Family property divided equally | Interspousal contract |
Common-Law Property Rights
Common-law property rights vary dramatically by province.
Full Rights
BC: After 2 years cohabitation, same rights as married couples.
Limited Rights
Manitoba, Saskatchewan: Rights after 3 years or with children.
No Automatic Rights
Ontario, Quebec, Nova Scotia: No property division rights for common-law couples.
Calculate Your Property Division
Get estimates based on your province's property division rules.