Dividing Property and Allocating Debt Under British Columbia's Family Law Act: The Case Law to Date

Abstract

The division of property and allocation of debt between the parties to a domestic relationship in British Columbia is primarily accomplished through the provisions of Part 6 (pensions) and Part 5 (property other than pensions) of the new Family Law Act, 1 the common law of trusts and a miscellany of related legislation, such as the provincial Partition of Property Act2 and Pension Benefits Standards Act3 or the federal Family Homes on Reserves Act4 and Canada Pension Plan, 5 that also come into play from time to time.