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81 Subject to an agreement or order that provides otherwise and except as set out in this Part and Part 6,

  • (a) spouses are both entitled to family property and responsible for family debt, regardless of their respective use or contribution, and
  • (b) on separation, each spouse has a right to an undivided half interest in all family property as a tenant in common, and is equally responsible for family debt.

2011-25-81, effective March 18, 2013 (B.C. Reg. 131/2012).


See Division 3, ss. 88 to 91, in this Part with respect to the orders a court may make for the distribution or protection of property prior to an agreement or final order.

See Division 4, ss. 92 to 97, in this Part with respect to agreements and the final orders a court may make for dividing family property and family debt.

See, generally, s. 31 of the Land Title Act in chapter 3 (Land Title Act Part 3 (ss. 20 to 38)—Registration and Its Effect) with regard to priorities. For a discussion about priorities between a caveat claiming a resulting trust and a triggering event under s. 56 of the Family Relations Act, R.S.B.C. 1996, c. 128 (repealed S.B.C. 2011, c. 25, s. 259), see the annotation for Fulton v. Gunn, 2008 BCSC 1159 under s. 31 of the Land Title Act. Note that under s. 81 of the Family Law Act, it is the date of separation that “triggers” the interests of the spouses in family property and debt.

See also the discussion of Elite Mortgage Corp. v. Fell, 2020 BCSC 2007 in “103 Enforceability of interest in property” in this chapter.