Is there a presumption of equal division of family property under BC family law?

Under British Columbia family law, there is indeed a presumption of equal division of family property. This principle is rooted in the Family Law Act, which aims to promote fairness and equality in the distribution of property upon separation or divorce. Specifically, the law recognizes that both spouses contribute to the family unit, and thus it is equitable for them to share the family property equally, regardless of who holds the title or how the property was acquired.

This framework applies to assets that are classified as family property, which typically includes most property acquired during the marriage, instead of separate property that was owned before the relationship or received as a gift or inheritance. The presumption of equal division is a foundational aspect of property division and reflects the policy goals of achieving fairness and supporting financial stability for both parties post-separation.

Understanding this presumption helps clarify how family property is typically treated during divorce proceedings and emphasizes the significance of collective contributions to the family unit, not merely financial investments.