BC Family Law Act Changes: Property and Pets

Author: SiLaw Group Family Lawyers
Date: Jun 12, 2023
Updated: Aug 5, 2026
Read time: 3 min read

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All of these amendments are now law. The Family Law Amendment Act, 2023 (Bill 17) received Royal Assent on May 11, 2023, which is when the property and presumption changes took effect. The companion animal provisions came later: they were brought into force on January 15, 2024 by B.C. Reg. 215/2023.

Here is what each piece does.

Presumptions of Advancement and Resulting Trust (s. 81.1)

Section 81.1 takes two old common law presumptions off the table between spouses. The presumption of advancement — the idea that property one spouse transferred to the other was meant as a gift — "must not be applied in questions respecting the ownership of property as between spouses." The presumption of resulting trust is removed in the same terms. In practice, a spouse arguing about who owns a particular asset now has to prove it on the evidence rather than lean on a presumption. Section 81.1 has been in force since May 11, 2023.

Excluded Property (ss. 85 and 96)

Section 85 lists what is excluded from family property — property brought into the relationship, inheritances, most gifts from third parties, certain damages and insurance proceeds, and property derived from any of those. The 2023 amendment added s. 85 (3), which provides that where property is excluded from family property under s. 85 (1), "the exclusion applies despite any transfer of legal or beneficial ownership of the property from a spouse to the other spouse." An exclusion is therefore not lost merely because the property was transferred to the other spouse — for example, by putting an asset into joint names. (Property a spouse contributed to a trust is dealt with by a different provision, s. 84 (3), which the 2023 amendments did not change.)

Section 96 was re-enacted at the same time. It says the Supreme Court "must not order a division of excluded property" unless family property or family debt located outside British Columbia cannot practically be divided, or it would be significantly unfair not to divide it, considering the length of the relationship and the listed factors. The full wording is in Part 5 of the Family Law Act. For the wider picture, see our post on how family property is divided in BC.

Companion Animals (ss. 3.1, 92 and 97)

This is the part that changed most recently, and the earlier version of this post described it as still awaiting regulation. It is in force.

Since January 15, 2024:

• Section 3.1 sets boundaries on what counts as a companion animal — guide and service dogs, animals kept as part of a business, and animals kept for agricultural purposes are excluded.
• Section 92 lets spouses agree to jointly own a companion animal, to share possession of it, or to give exclusive ownership or possession to one spouse.
• Section 97 (4.1) tells the court what to weigh when there is no agreement, including the circumstances in which the animal was acquired, the extent to which each spouse cared for it, any history of or risk of family violence, a spouse's cruelty or threatened cruelty toward an animal, the relationship a child has with the animal, and each spouse's willingness and ability to meet the animal's basic needs.
• Section 97 (4.2) limits what a judge can do: an order must not declare joint ownership of a companion animal, and must not require the spouses to share possession of it. A court has to pick one household.

Note the terminology — the Act deals with ownership and possession of a companion animal, not "pet custody."

Proceedings Started Before May 11, 2023

The amending Act includes a transitional rule for what it calls a pre-existing proceeding. That means either a property division proceeding under the Family Law Act started before Royal Assent, or a proceeding to set aside or replace an agreement respecting property division where the agreement was made before Royal Assent. In the second case the timing attaches to the agreement, not to when the proceeding is started. Unless the spouses agree otherwise, s. 81.1 does not apply to a pre-existing proceeding, and ss. 85 and 96 as they read immediately before Royal Assent continue to apply to it. (Family Law Amendment Act, 2023, S.B.C. 2023, c. 12, s. 24 — a transitional provision, so it does not appear in the consolidated Family Law Act.)

If you have any questions, feel free to reach a SiLaw Group Family Lawyer by booking a free consultation or calling (778) 381-9977.