Skip to main content

In This Volume

  • 85 (1) The following is excluded from family property:
  • (a) property acquired by a spouse before the relationship between the spouses began;
  • (b) inheritances to a spouse;
  • (b.1) gifts to a spouse from a third party;
  • (c) a settlement or an award of damages to a spouse as compensation for injury or loss, unless the settlement or award represents compensation for
    • (i) loss to both spouses, or
    • (ii) lost income of a spouse;
  • (d) money paid or payable under an insurance policy, other than a policy respecting property, except any portion that represents compensation for
    • (i) loss to both spouses, or
    • (ii) lost income of a spouse;
  • (e) property referred to in any of paragraphs (a) to (d) that is held in trust for the benefit of a spouse;
  • (f) a spouse’s beneficial interest in property held in a discretionary trust
    • (i) to which the spouse did not contribute, and
    • (ii) that is settled by a person other than the spouse;
  • (g) property derived from property or the disposition of property referred to in any of paragraphs (a) to (f).
  • (2) A spouse claiming that property is excluded property is responsible for demonstrating that the property is excluded property.

2011-25-85, effective March 18, 2013 (B.C. Reg. 131/2012); 2014-9-13, effective May 26, 2014 (B.C. Reg. 96/2014).