9 MYTHS DEBUNKED ABOUT YOUR MARITAL HOME
1. One of you needs to move out when you separate.
This is false. Each spouse has as much legal right to live in the home as the other does until a court decides or one of you agrees to move out. Not wanting your ex to live in the house with you is not enough reason to lock your ex out of the house. If there is abuse it is best to seek a lawyer’s advice and not stay in that situation.
2. Your spouse can sell the house anytime they want
This is false.Under the BC Family Law Act your spouse can’t list the marital home without your consent.
3. The house is in my spouse's name, so I am not entitled to it
This is false. Spouses who live together for more than 2 years, regardless if they are married or not, are considered to have equal ownership of family property, including real estate, assets, and investments.
4. You could lose everything if you move out of the home
This is false. Under BC family law, family property and family debt are shared equally when spouses separate regardless of whose name is on the title unless otherwise stated for example if there is a prenuptial agreement in place. There are some exemptions including excluded property, gifts, and inheritances.
5. My spouse won’t sign the listing contract so we can’t sell the marital home
This is false. The marital home cannot be listed for sale without the other spouse’s consent even if the title to the property is in the other spouse’s name. However, you can ask the court to make an order to force the sale of the house.
6. All family property must be divided 50/50 after a divorce
This is false. All family property gets divided equally unless it is excluded property, property owned before you got together and inheritances.
7. Property does not get divided in a common law relationship.
This is false. Common law relationships have similar rights as married couples. Couples who have been together for more than 2 years have a right to share equally in any property acquired during the relationship. Again, property acquired beforehand is exempt.
8. I bought this house before my marriage, so this house is mine.
This is false. Any property you owned before you and your spouse lived together is excluded property. Which means you don’t have to split the value equally. But if the property increases in value while you’re living together, that increased value is part of the family property and divided equally between the two of you if you separate.
9. I am entitled to a house my spouse received as an inheritance.
This is false. Inheritances and gifts are considered excluded property. However, there are ways inheritances can lose their exclusion and may become a shared asset or a family asset. If an inheritance is received and the property is put in both names or an inheritance was used to pay down the mortgage on the family home, it becomes a shared asset. It is important if one receives an inheritance or gift to protect it from becoming a future division in divorce.