Legal Question in Family Law in Canada

As noted on the LawGuru website questions directed to this lawfirm must be answered with reference to British Columbia law. The law varies from Province to Province and may not be the same in other Provinces or Territories.

Although this question originates outside British Columbia, it brings up an important point that we are often asked about - that of "Dower Rights". In BC the concept of dower was abolished many years ago; it is now a concept that is unknown to our law. In BC, on a divorce, there is a presumption that the equity in the home will be divided equally; that is that unless there are some circumstnces that mandate otherwise (and what these are is too complex to answer on a general inquiry website such as LawGuru) the home will be sold, the debts registereed against it paid and what is left divided equally. Alternatively, one party may usually buy the other out. The governing law is the Family Relations Act of British Columbia.