Splitting the Pie

Whether you're married or in a common-law relationship (living together for two consecutive years), Saskatchewan's Family Property Act applies when your relationship ends. That means no, you don’t have to be legally married to have legal obligations, or rights, when it comes to dividing property.

The Starting Point: Equal Division

The law starts with a simple (but powerful) presumption: an equal division of family property is fair. That includes:

• The family home (even if it’s in one person’s name)

• Vehicles, trailers, and yes, even the snowmobile

• Pensions, RRSPs, bank accounts, investments

• Household contents, recreational property - you name it

It doesn’t matter who paid for it, whose name is on the title, or whether it came from “your side of the family.” If it was acquired during the relationship, chances are it goes into the pie.

Not Everything Is Split 50/50

That said, there are exemptions and equitable considerations. Certain types of property may be kept out of the divisible pot, fully or partially. Some examples are if you can prove:

• It was owned before the relationship (unless it’s the family home)

• It was a gift or inheritance from a third party

• It was compensation for injury or insurance

But beware: the minute you mix property into shared assets (like putting inherited money into a joint account or renovating the family home with it), it may lose its protected status as either exempt or an equitable consideration.

Common Misconceptions

Let’s bust a few myths:

• “I moved out, so I don’t get anything.” False. Moving out of the family home doesn’t mean giving up your rights to it.

• “I bought it, so it’s mine.” Also false. The law values more than just dollars spent, so non-financial contributions (like raising kids or supporting your partner’s career) absolutely matter.

• “We were never married, so none of this applies.” Again, false. If you lived together for two years, the Family Property Act applies. Period.

What You Should Do

Dividing property during a separation is part math, part legal interpretation, and part “what actually makes sense in your situation.” That’s why it's so important to get solid legal advice early.

So before you start Googling or crowd-sourcing strategy from your cousin’s Facebook rant, talk to a lawyer who actually knows Saskatchewan family law.

A proper legal assessment can protect your rights, reduce unnecessary conflict, and, most importantly, help you move forward.

After all, there’s enough stress in separating. Let’s not add arguing over the snowmobile to the list.