Legal Question in Family Law in Canada

Re: legally own a matrimonial property after how many years.

1. You are never declared legally divorced until you have proceeded through a lawsuit for divorce. It is not automatic after 6 years, and is never automatic.

2. The legal ownership of your house will not change from how it is registered unless you and your ex agree on a change of ownership and register that change at the land title office or unless a court orders a change as a result of a lawsuit. Even if the house is registered in your name alone, until a lawsuit occurs, and until the court orders differently or until your husband and you agree in a written separation agreement, your husband has a claim on a part of the house. No property division is ever automatic following a separation. This advice applies to British Columbia property only, and may or may not apply to property in other provinces or territories. Should you wish further advice you may contact our office through the contact information on our website www.lawvictoria.com