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Difference between revisions of "Property and Debt in Family Law Matters"

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{{JP Boyd on Family Law TOC|expanded = assets}}{{JPBOFL Editor Badge
{{JP Boyd on Family Law TOC|expanded = assets}}{{JPBOFL Editor Badge
|CoAuthor = [[Trudy Hopman]]
|ChapterEditors = [[Helen Chiu]] and [[Matthew Ostrow]]
|ChapterEditors = [[Helen Chiu]] and [[Matthew Ostrow]]
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| link = [http://www.clicklaw.bc.ca/resource/1639 How to divide property and debts]
| link = [http://www.clicklaw.bc.ca/resource/1639 How to divide property and debts]
}}This chapter focuses on the division of property and debt between married spouses and unmarried spouses. Under the provincial ''[[Family Law Act]]'', spouses are presumed to keep the property that each of them brought into their relationship and to share in the things they acquired during their relationship. The same rules apply about debt. Spouses are presumed to share responsibility for the debts that accumulated during their relationship. The federal ''[[Divorce Act]]'' doesn't talk about the division of property or debt.
}}This chapter focuses on the division of property and debt between spouses according to the laws in parts 5 and 6 of the provincial ''[[Family Law Act]]''. Under these parts of the ''Family Law Act'', the term ''spouses'' refers to married couples, but also to people who were living together in a marriage-like relationship for at least two years.  


This introductory section provides basic information about property and debt. It also looks at the rules about property that apply to couples who are not spouses, and reviews some of the income tax issues that can come up when dividing property. The sections that follow will go into the rules about the [[Basic Principles of Property & Debt in Family Law|division of property and debt]] in a lot more detail, the steps that you can take to [[Protecting Property & Debt in Family Law Matters|protect family property]], and [[Dividing Property & Debt in Family Law Matters|how property and debt are divided]] by the court through court orders and by spouses through separation agreements.
Under the ''Family Law Act'', after spouses separate the presumption is:
* each spouse keeps the property they brought into the relationship, as well as specific kinds of assets they might have acquired during the relationship (this is called ''excluded property''), and
* the spouses equally share the rest, which means most of the assets either one of them acquired during the relationship, as well as any increase in value of excluded property (these assets are called ''family property'').  


==Dividing property and debt under the ''Family Law Act''==
The same rules apply to debt. Spouses are presumed to share responsibility for the debts that accumulated during their relationship, but remain individually responsible for debts they had before the relationship began.


The parts of the ''[[Family Law Act]]'' that talk about the division of property and debt apply to people who are ''spouses''. The definition of spouse for these parts of the act are a bit different from the rest of the act. For the division of property and debt, a spouse is:
The federal ''[[Divorce Act]]'' doesn't deal with the division of property or debt, so when you're looking at who gets what after separation you need to look at the ''Family Law Act''.
 
'''Side note:''' The ''Family Law Act'' is still relatively new, having replaced the old ''Family Relations Act'' in 2013. If what you've read so far about property division seems unfamiliar, it might be because you are more familiar with how property division used to work in this province before 2013. The old legislation talked about ''matrimonial property'', which made sense because it only applied to married people. Another major difference was that all property that was "ordinarily used for a family purpose" (including what spouses owned before the marriage) was presumed to be divided up when the marriage ended. When the ''Family Law Act'' came in, it changed the law dramatically. It broadened property division to treat married couples and unmarried people in long term relationships the same. But it also narrowed down the entitlement period to focus on what was acquired, what accrued in value, and what debts were incurred while the parties were together in a relationship.
 
This introductory section of the chapter provides basic information about property and debt. It also looks at the rules about property that apply to couples who are not spouses, and reviews some of the income tax issues that can come up when dividing property. The sections of the chapter that follow will go into:
* [[Basic Principles of Property and Debt in Family Law]], which covers the rules around the division of property and debt in a lot more detail,
* [[Protecting Property and Debt in Family Law Matters]], which discusses the steps you can take to protect family property before and after separation, and
* [[Dividing Property and Debt in Family Law Matters]], which explains how property and debt are divided by judges (where things end with a court order) or by spouses (when they can reach a ''separation agreement'').
 
==Division of property and debt under the ''Family Law Act''==
 
The two parts of the ''[[Family Law Act]]'' that talk about the division of property and debt only apply to people who are ''spouses''. Note that the definition of spouse for these two parts of the Act are a bit different from the rest of the Act (for example the parts of the Act that deal with child or spousal support). When it comes to the division of property and debt, a spouse is either:


*someone who is married or was married to someone else, or
*someone who is married or was married to someone else, or
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#the date of ''separation'' for unmarried spouses.
#the date of ''separation'' for unmarried spouses.


===Family property, excluded property and family debt===
===Categories of property and debt in family law===


The ''[[Family Law Act]]'' talks about three things when it comes to dividing property and debt: ''family property'', ''excluded property'', and ''family debt''.  
The ''[[Family Law Act]]'' talks about three things when it comes to dividing property and debt: ''family property'', ''excluded property'', and ''family debt''.  
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''Excluded property'' is any property that is excluded from the pool of family property to be split between spouses. This includes the property a spouse owned before the date of marriage or the date the spouses began living together, whichever is earlier, plus certain kinds of property acquired during the spouses' relationship, including:
''Excluded property'' is any property that is excluded from the pool of family property to be split between spouses. This includes the property a spouse owned before the date of marriage or the date the spouses began living together, whichever is earlier, plus certain kinds of property acquired during the spouses' relationship, including:


*property that was bought with the property brought into the relationship,  
*property that was bought using property that one spouse already owned before the relationship,  
*inheritances and gifts (provided that the gift is a gift to just the spouse and not to the couple), and
*inheritances and gifts (provided that the gift is a gift to just the spouse and not to the couple), and
*certain kinds of insurance proceeds and court awards.
*certain kinds of insurance proceeds and court awards.


Excluded property is presumed to remain the property of the spouse who owns it, but the increase in value of the excluded property becomes family property and is shared.
Excluded property is presumed to remain the property of the one spouse who owns it, but the increase in value of the excluded property becomes family property and is shared.  


All debt incurred by either or both spouses from the date of marriage or the date the spouses began living together, whichever is earlier, to the date of separation is ''family debt''. Responsibility for family debt is presumed to be shared equally between spouses, regardless of their use of or contribution to that debt.
All debt incurred by either or both spouses from the date of marriage or the date the spouses began living together, whichever is earlier, to the date of separation is ''family debt''. Responsibility for family debt is presumed to be shared equally between spouses, regardless of their use of or contribution to that debt.
====Special treatment for pets====
As of 15 January 2024, the ''Family Law Act'' also addresses family pets, which used to be treated as any other property under the Act. Before this time, pets were like any other asset. If one person brought a dog into the relationship, the animal was excluded property. If two spouses got a cat while they were together, the cat was family property.
The Act now imposes special rules around what happens to pets after spouses separate, and refers to these animals as ''companion animals''. Section 1 defines a companion animal as "an animal that is kept primarily for the purposes of companionship". Section 3.1 further clarifies that dogs under the ''[https://canlii.ca/t/8v18 Guide Dog and Service Dog Act]'', any animal that kept "as part of a business", and agricultural animals are not ''companion animals''.
See the section discussion on these special rules for companion animals under the [[Dividing Property and Debt in Family Law Matters]] section of this chapter. Meanwhile, as you read this page just keep in mind that the information about excluded property and family property will not necessarily apply to these animals.


===Beginning and ending a spousal relationship===
===Beginning and ending a spousal relationship===
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====Separating====
====Separating====


Although a married couple are married until they get a divorce, the key date for the division of property and debt under the ''[[Family Law Act]]'' is the date of separation. This date is important for both married spouses and unmarried spouses.
Although a married couple are married until they get a divorce, the key date for the division of property and debt under the ''[[Family Law Act]]'' is the date of separation. The ''separation date'' is important for both married spouses and unmarried spouses.


Although many people move out when they separate, some couples separate and remain living under the same roof. A physical separation is not necessary to separate; there must simply be an intention to end both the relationship and the intimacies that go along with it. Often the <span class="noglossary">decision</span> to separate is made by both spouses, but it only takes one spouse to decide to end a relationship, and one spouse's <span class="noglossary">decision</span> to separate doesn't require the consent of the other spouse.
Although many people move out when they separate, some couples separate and remain living under the same roof. A physical separation is not necessary to prove separation. What is necessary is an intention to end both the relationship and the intimacies that go along with it. Often the <span class="noglossary">decision</span> to separate is made by both spouses, but it only takes one spouse to decide to end a relationship, and one spouse's <span class="noglossary">decision</span> to separate doesn't require the consent of the other spouse.


Section 3(4) of the act says this:
Section 3(4) of the ''Family Law Act'' says this:


<blockquote><tt>(a) spouses may be separated despite continuing to live in the same residence, and</tt></blockquote>
<blockquote><tt>(a) spouses may be separated despite continuing to live in the same residence, and</tt></blockquote>
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*credit card and loan statements for that period.
*credit card and loan statements for that period.


It will be a harder to look back in time to figure out the value of things like cars, motorcycles, trailers, boats, snowmobiles, and so on. If you're entering a relationship now, it will be helpful to look up the [http://www.canadianblackbook.com/ Canadian Black Book] or [http://www.kbb.com/ Kelley Blue Book] estimated values for vehicles. Boats and trailers may need to be specially valued by a dealer. It is important to note that you cannot exclude the ''value'' of the property calculated from the start of the relationship. For example, let's assume one party owned a car worth $20,000 at the beginning of the relationship. Say it is only worth $10,000 at the time of separation. That party gets to keep the car itself, but does not get $20,000 worth of property out of ''family property''. If the car was traded in towards the purchase of a second car during the relationship, however, the trade-in value would be ''excluded property''.
It will be a harder to look back in time to figure out the value of things like cars, motorcycles, trailers, boats, snowmobiles, and so on. If you're entering a relationship now, it will be helpful to look up the [https://www.canadianblackbook.com/ Canadian Black Book] or [https://www.kbb.ca/ Kelley Blue Book] estimated values for vehicles. Boats and trailers may need to be specially valued by a dealer. It is important to note that you cannot exclude the ''value'' of the property calculated from the start of the relationship. For example, let's assume one party owned a car worth $20,000 at the beginning of the relationship. Say it is only worth $10,000 at the time of separation. That party gets to keep the car itself, but does not get $20,000 worth of property out of ''family property''. If the car was traded in towards the purchase of a second car during the relationship, however, the trade-in value would be ''excluded property''.


===Property and debt acquired during the relationship===
===Property and debt acquired during the relationship===
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In most circumstances, the property either or both spouses acquire during their relationship will be family property, but there are some important exceptions.  
In most circumstances, the property either or both spouses acquire during their relationship will be family property, but there are some important exceptions.  


====Family property====
====Understanding family property====


Under section 84(1) of the ''[[Family Law Act]]'', family property is the property owned by one or both spouses on the date of their separation, including any property bought after separation with family property. Section 84(2) gives some examples of specific assets that are family property, including:
Under section 84(1) of the ''[[Family Law Act]]'', family property is broadly defined as the property owned by one or both spouses on the date of their separation, including any property bought after separation with family property. Section 84(2) gives some examples of specific assets that are family property, including:


*interests in companies, businesses, partnerships, and ventures,  
*interests in companies, businesses, partnerships, and ventures,  
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*bank accounts, savings, pensions, and RRSPs.
*bank accounts, savings, pensions, and RRSPs.


Family property also includes the amount that any excluded property grows in value after the date the spouses' relationship began or after the excluded property was acquired, whichever is later.  
While that sounds pretty broad, you have to read section 84 as being "subject to section 85" to understand that ''family property'' does not actually include ''excluded property''. Family property does, however, include the amount that any excluded property grows in value during the relationship.  


Under section 81, family property is presumed to be shared between the spouses equally, regardless of their use or contribution to that property.
Under section 81, family property is presumed to be shared between the spouses equally, regardless of their use or contribution to that property. Note that while sharing equally is the presumption, there are circumstances (discussed in section 95) where it would be ''significantly unfair'' to do so, in which case a judge can order that family property be divided unequally. This is also called ''reapportionment'' of family property.  


For information on how to share CPP credits see [[How Do I Divide Our CPP Pensions after We're Divorced?]]. It's located in the Helpful Guides and Common Questions part of this resource.
For information on how to share CPP credits see [[How Do I Divide Our CPP Pensions after We're Divorced?]]. It's located in the Helpful Guides & Common Questions part of this resource.


====Excluded property====
====Understanding excluded property====


The sort of excluded property that can be acquired during a relationship is described in section 85(1), and includes:
Under section 85(1), excluded property is property acquired by a spouse before the relationship began, plus specific kinds of property that was acquired during the relationship, namely:


*gifts from a third party (provided that the gift is a gift to the spouse and not to the couple),  
*gifts from a third party (provided that the gift is a gift to the spouse and not to the couple),  
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*property held in trust, providing that the spouse didn't put the property into the trust.
*property held in trust, providing that the spouse didn't put the property into the trust.


Excluded property that is acquired during a relationship is presumed to remain the property of the spouse who owns it. However, under section 85(2), it is up to the person who's saying that property is excluded property to prove that the property is excluded property.
Excluded property also includes any new assets that were ''derived'' from other excluded property. This is also contained in section 85(1)(g). For example, if you owned a house before the relationship, but sold it during the relationship and used some of the money to buy a condo, and the rest of the money to top up your RRSPs, then both the condo and the money that's now in RRSPs would be excluded property. This is true even if you registered the new condo in your spouse's name, or in both your names. Provided that the money used to acquire this new property is clearly derived from the excluded property, the ''Family Law Act'' treats this newly acquired property as excluded property.
 
Excluded property that is acquired during a relationship is presumed to remain the property of the spouse who owns it. While section 85(2) says that it's up to the person claiming excluded property to ''prove'' that it is in fact excluded, the legislation is clear — especially since the ''Family Law Act'' was amended and section 85(3) was added in May 2023 — that transferring it into the name of the other spouse, using it to buy new property, or using it to pay down the mortgage on the family home, does not mean that the asset itself (or its cash equivalent) ceases to qualify as excluded property.
 
Note that while the presumption is you don't share excluded property, there are circumstances (discussed in section 96) where the judge can order that excluded property be divided and shared with the other spouse. This is another form of ''reapportionment'', and can happen when a judge decides that:
* family property or debt exists outside of BC and cannot practically be divided, or
* it would be significantly unfair not to divide the excluded property given the duration of the relationship and:
** the other spouse's contributions to the preservation, maintenance, improvement, operation or management of the excluded property,
** any agreement the spouses had about the excluded property, or
** if unequal reapportionment of family property or debt under section 95 would not be enough to address the extent significant unfairness.  


====Family debt====
====understanding family debt====


Under section 86, family debt is all debt incurred by either or both spouses during their relationship up to the date of their separation, but can include debt incurred after separation if the debt was incurred to maintain family property, like a loan taken out to pay the property taxes.
Under section 86, family debt is all debt incurred by either or both spouses during their relationship up to the date of their separation, but can include debt incurred after separation if the debt was incurred to maintain family property, like a loan taken out to pay the property taxes.


This definition means that debt incurred by a spouse before the spouses married or began to live together is that spouse's personal debt; it's only the new debt that they share. Under section 81, responsibility for family debt is presumed to be shared between the spouses equally, regardless of their use or contribution to that debt.
This definition means that debt incurred by a spouse before the spouses married or began to live together is that spouse's personal debt; it's only the new debt that they share. Under section 81, responsibility for family debt is presumed to be shared between the spouses equally, regardless of their use or contribution to that debt. This said, there are circumstances (discussed in section 95) where it would be ''significantly unfair'' to make the parties equally responsible for a debt, in which case a judge can order that family debt be divided unequally. This is called ''reapportionment'' of family debt.  


===Dividing property and debt: an example===
===Dividing property and debt: an example===
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Let's look at an example to make things a bit easier to understand.
Let's look at an example to make things a bit easier to understand.


<blockquote>Harkamal moved in to live with Baljinder in his home in 2018, when Baljinder's home was worth $800,000; Baljinder has no mortgage.</blockquote>
<blockquote>Harkamal moved in with Baljinder in 2018, when Baljinder's home was worth $800,000 and had no mortgage.</blockquote>
<blockquote>Harkamal starts going to college in 2019 and because she's not working, she takes a personal loan to help pay for her tuition fees, lab fees, and textbook costs. Baljinder keeps working while Harkamal is at school, and with his income, he pays for the property taxes, car insurance, utilities and groceries, and so forth. He's also able to put some money away into RRSPs.</blockquote>
<blockquote>Harkamal starts going to college in 2019 and takes a personal loan to help pay for her tuition fees, lab fees, and textbook costs. Baljinder keeps working while Harkamal is at school and not working. With his income, Baljinder pays property taxes, car insurance, utilities, groceries, and so forth. He's also able to put some money away into RRSPs for the first time ever.</blockquote>
<blockquote>Harkamal and Baljinder separate in 2022. When they separate, Harkamal owes $18,000 for her personal loan, Baljinder's house is worth $1,000,000 and Baljinder has saved $30,000 in RRSPs.</blockquote>
<blockquote>Harkamal and Baljinder separate in 2022. When they separate, Harkamal owes $18,000 for her personal loan, Baljinder's house is worth $1,000,000 and Baljinder has saved $30,000 in RRSPs.</blockquote>


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A ''resulting trust'' happens when the behaviour of the parties will let the court infer the existence of a trust relationship; an ''express trust'' is a trust relationship that people intentionally enter into; and, a ''constructive trust'' is imposed in order to compensate someone for their interest in property when the interest can't be paid out immediately. Resulting and constructive trusts are the most common kinds of trusts involved in family law disputes about property.
A ''resulting trust'' happens when the behaviour of the parties will let the court infer the existence of a trust relationship; an ''express trust'' is a trust relationship that people intentionally enter into; and, a ''constructive trust'' is imposed in order to compensate someone for their interest in property when the interest can't be paid out immediately. Resulting and constructive trusts are the most common kinds of trusts involved in family law disputes about property.


Needless to say, this area of the law can be complex. If you find yourself in a situation where your only claim to an asset or a share of an asset is through trust law, it is recommended that you hire a lawyer to handle your claim.
Needless to say, this area of the law can be complex. If you find yourself in a situation where your only claim to an asset or a share of an asset is through trust law, it is recommended that you consult with a lawyer to handle your claim.


====Resulting trusts====
====Resulting trusts====
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====Unjust enrichment and constructive trusts====
====Unjust enrichment and constructive trusts====


A constructive trust is called ''constructive'' because the claimant is asking the court to create or impose a trust on the respondent where there wasn't one before. According to the Supreme Court of Canada's decision in the 1980 case of [http://canlii.ca/t/1mjv ''Pettkus v. Becker''], [1980] 2 S.C.R. 834, one of the most important cases on constructive trusts, the court will impose a trust on a respondent where the claimant is able to show that the respondent has been ''unjustly enriched'' as a result of the claimant's labour or other services. Unjust enrichment is shown by proving that:
A constructive trust is called ''constructive'' because the claimant is asking the court to create or impose a trust on the respondent where there wasn't one before. According to the Supreme Court of Canada's decision in the 1980 case of [https://canlii.ca/t/1mjvp ''Pettkus v. Becker''], [1980] 2 S.C.R. 834, one of the most important cases on constructive trusts, the court will impose a trust on a respondent where the claimant is able to show that the respondent has been ''unjustly enriched'' as a result of the claimant's labour or other services. Unjust enrichment is shown by proving that:


#the respondent was enriched as a result of the claimant's contributions,
#the respondent was enriched as a result of the claimant's contributions,
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In the example above, a concrete value can be attached to Frank's contributions to the company and to his labour in the home: what would it have cost to hire a housekeeper and a bookkeeper during that period? Or, how much did Lois' company grow in value as a result of Frank's efforts? This is the beginning of fixing a dollar value on Frank's interest in the company and in Lois's house.
In the example above, a concrete value can be attached to Frank's contributions to the company and to his labour in the home: what would it have cost to hire a housekeeper and a bookkeeper during that period? Or, how much did Lois' company grow in value as a result of Frank's efforts? This is the beginning of fixing a dollar value on Frank's interest in the company and in Lois's house.


Again, trust claims are complex and the case law supporting and opposing such claims is massive. If you are not married to the person, and if you have not lived with them long enough to qualify as an ''unmarried spouse'' under the ''Family Law Act'', but you still wish to make claim against property owned only by your partner, I recommend that you hire a lawyer to help.
Again, trust claims are complex and the case law supporting and opposing such claims is massive. If you are not married to the person, and if you have not lived with them long enough to qualify as an ''unmarried spouse'' under the ''Family Law Act'', but you still wish to make claim against property owned only by your partner, I recommend that you obtain help from a lawyer.


==Tax issues==
==Tax issues==


For many people, there will be no tax impact from the division of their assets. There will, however, be a tax impact if the division creates what the [http://www.cra-arc.gc.ca/menu-eng.html Canada Revenue Agency] deems to be ''income''.
For many people, there will be no tax impact from the division of their assets. There will, however, be a tax impact if the division creates what the [https://www.canada.ca/en/revenue-agency.html Canada Revenue Agency] deems to be ''income''.


The most common kind of taxable income people have is employment income. Some other kinds of taxable income include:
The most common kind of taxable income people have is employment income. Some other kinds of taxable income include:
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The tax consequences of a particular arrangement in a court order or separation agreement can be taken into account when property is being divided, since the payment of tax by one party may fundamentally change the fairness of the agreement or order. Consider this example:
The tax consequences of a particular arrangement in a court order or separation agreement can be taken into account when property is being divided, since the payment of tax by one party may fundamentally change the fairness of the agreement or order. Consider this example:


<blockquote>Say Eli receives $100,000,000 in cash and George receives a rental house worth $100,000,000, and the cash and the rental house are all part of the family property. At first glance, this seems like a fair, equal split of the family property, which together comes to a total of $200,000,000. In fact, it isn't.</blockquote>
<blockquote>Say Eli receives $1,000,000 in cash and George receives a rental house worth $1,000,000, and the cash and the rental house are all part of the family property. At first glance, this seems like a fair, equal split of the family property, which together comes to a total of $2,000,000. In fact, it isn't.</blockquote>
<blockquote>No tax will be payable by Eli as a result of receiving the cash. Tax will be payable by George if the rental house has to be sold, since it wasn't the family's primary residence. If the tax payable on the income George earns from the sale is $200,000, really, Eli has received $1,000,000 and George has only received $800,000. If you count the tax that George has to pay, the division of the family property wasn't equal at all.</blockquote>
<blockquote>No tax will be payable by Eli as a result of receiving the cash. Tax will be payable by George if the rental house has to be sold, since it was a rental property and not the family's primary residence. What if the capital gains tax that George has to pay when he sells the rental property is $200,000? In that case, Eli has received $1,000,000 and George has effectively received only $800,000. If you count the tax that George has to pay, the division of the family property wasn't equal at all.</blockquote>
<blockquote>To make the split equal, Eli should pay George an extra $100,000 so that each spouse will have $900,000 once the rental house is sold.</blockquote>
<blockquote>To make the split equal, Eli should receive $900,000 and George should receive $100,000 plus the rental house so that each spouse will have $900,000 once the rental house is sold.</blockquote>


The same problem can arise if one spouse has to sell an asset in order to satisfy an order or agreement for the division of property and debt, such as making a lump-sum payment to equalize the value of the assets held by each party. This may result in the CRA assessing an extra amount of taxable income to the party who had to sell the asset, with the consequence of an additional tax debt owed by that party to the CRA.
The same problem can arise if one spouse has to sell an asset in order to satisfy an order or agreement for the division of property and debt, such as making a lump-sum payment to equalize the value of the assets held by each party. This may result in the CRA assessing an extra amount of taxable income to the party who had to sell the asset, with the consequence of an additional tax debt owed by that party to the CRA.
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===Real property===
===Real property===


When a piece of property is to be transferred between spouses according to a separation agreement or court order, the parties should consult the [https://www2.gov.bc.ca/assets/gov/taxes/property-taxes/property-transfer-tax/forms-publications/ptt-003-property-transfer-tax-exemptions.pdf Ministry of Finance's ''Tax Bulletin PTT 003'']. Spouses can take advantage of the tax-free status of transfer of real property if the transfer is required by a family agreement or court order. The form is normally completed during the process of transferring title to the property at the Land Title and Survey Authority, and no tax will be payable on the transfer. The Land Title and Survey Authority form needed to do this is now completed and submitted online, and a copy of the signed separation agreement or court order or divorce decree needs to be submitted with the return.
When a piece of property is to be transferred between spouses according to a separation agreement or court order, the parties should consult the [https://www2.gov.bc.ca/assets/gov/taxes/property-taxes/property-transfer-tax/forms-and-publications/ptt-003-property-transfer-tax-exemptions.pdf Ministry of Finance's ''Tax Bulletin PTT 003'']. Spouses can take advantage of the tax-free status of transfer of real property if the transfer is required by a family agreement or court order. The form is normally completed during the process of transferring title to the property at the Land Title and Survey Authority, and no tax will be payable on the transfer. The Land Title and Survey Authority form needed to do this is now completed and submitted online, and a copy of the signed separation agreement or court order or divorce decree needs to be submitted with the return.


==Resources and links==
==Resources and links==
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*[http://www.clicklaw.bc.ca/resource/4656 Legal Aid BC's Family Law in BC website's information page "Property & debt"]
*[http://www.clicklaw.bc.ca/resource/4656 Legal Aid BC's Family Law in BC website's information page "Property & debt"]
** See "Dividing property and debts"
** See "Dividing property and debts"
*[https://www2.gov.bc.ca/assets/gov/taxes/property-taxes/property-transfer-tax/forms-publications/ptt-003-property-transfer-tax-exemptions.pdf Ministry of Finance's ''Tax Bulletin PTT 003'']
*[https://www2.gov.bc.ca/assets/gov/taxes/property-taxes/property-transfer-tax/forms-and-publications/ptt-003-property-transfer-tax-exemptions.pdf Ministry of Finance's ''Tax Bulletin PTT 003'']


{{REVIEWED | reviewer = [[JP Boyd]], April 22, 2022}}
{{REVIEWED | reviewer = [[Trudy Hopman]], October 19, 2023}}


{{JP Boyd on Family Law Navbox|type=chapters}}
{{JP Boyd on Family Law Navbox|type=chapters}}
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