Property Claim Time Limits

The Property Claim Time Limit After Separation in BC

Property rights in British Columbia come with a deadline. Section 198 of the Family Law Act gives spouses two years to start a court proceeding to divide property, debt or pensions, and the start date of those two years depends on whether you were married. Miss the window and the strongest tool you have, the ability to take the claim to court, is gone. This page sets out the rule, the trap hidden inside it, and what we do to protect clients on both sides of it.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey, practising family law only, in English and Punjabi. Deadlines are one of the first things we check at every initial consultation, whatever the file is about.

When Does the Two Year Clock Start?

Under section 198(2) of the Family Law Act, a spouse may start a proceeding to divide property or family debt under Part 5, to divide a pension under Part 6, or for spousal support, no later than two years after:

• for married spouses, the date a judgment granting a divorce is made, or an order declares the marriage a nullity
• for spouses who lived in a marriage-like relationship, the date the spouses separated

Read those two lines side by side, because the difference is the trap. Married spouses' time runs from the divorce, not from separation, so a married couple can be separated for years before the property clock even starts. Unmarried spouses get no such runway. Their two years run from separation itself, the very moment when court is the last thing on most people's minds. We see the consequences of that difference more often with common-law separations than anywhere else.

Which Date Applies to My Relationship?

That question is not always as simple as it sounds. For unmarried couples, the separation date itself can be disputed, and under the Act spouses can be separated while still living in the same home. Pinning down the date that starts your clock, and documenting it, is one of the first pieces of work we do. If you are unsure of your dates, treat the earliest plausible one as the real deadline until a lawyer tells you otherwise. You can also try the property claim deadlines tool on our tools page for a first orientation before you call anyone.

What Missing the Window Costs

Section 198 is about starting a court proceeding. Once the two years pass, a spouse can no longer start a claim under Part 5 to divide property or debt, and the same deadline applies to pension division and spousal support claims under the section. In practical terms:

• the court door closes on the property claim itself
• negotiating leverage collapses, because the other side no longer faces a court alternative
• assets you helped build may simply stay where title puts them

Nothing stops former spouses from making a voluntary agreement after the deadline, but the spouse holding the assets has little reason to sign one. That is why our advice on timing is blunt: if the relationship is over and property is unresolved, get advice well before year two, and treat the deadline as real.

Does Mediation Stop the Clock?

This matters, because the two years often coincide with exactly the period when couples are trying to resolve things without court. Section 198(5) says the running of the time limits is suspended during any period in which the spouses are engaged in family dispute resolution with a family dispute resolution professional, or in a prescribed process. So properly structured mediation does not just keep the conflict down; it can pause the limitation clock while it is under way.

Two cautions from practice. First, the suspension covers the period you are actually engaged in the process, so drifting in and out of informal talks is not the same thing as a documented family dispute resolution process. Second, do not use the suspension as a reason to cut the timing fine. We track the deadline on every file and, where needed, start the proceeding to protect the claim while settlement talks continue. Filing does not end negotiation; on many files it simply keeps your rights alive while the deal gets finished and recorded in a separation agreement.

Frequently Asked Questions

I Am Divorced. Do I Still Have a Property Claim?

Possibly. For married spouses the two years run from the divorce judgment or nullity order, so a recent divorce does not by itself end property rights. But the clock is running from that judgment, which is why property should be resolved with, not after, the divorce. Our overview of divorce in BC explains how the pieces fit together.

Can an Agreement Be Challenged After the Two Years?

Agreements have their own clock. Under section 198(3), an application to set aside or replace an agreement about property or spousal support must be brought no later than two years after the spouse first discovered, or reasonably ought to have discovered, the grounds for making the application. Different trigger, same two year length. If you believe your agreement was built on hidden assets or unfair circumstances, the discovery date matters and advice should not wait.

What Should I Do if My Deadline Is Close?

Call a lawyer now, not next month. Where a deadline is near, we can assess the claim quickly and file to preserve it while everything else is worked out. A filed claim can still settle by agreement or mediation, and usually does. Our property division services page explains how those files run, and our pricing and fees page explains what the steps cost.

Talk to a Property Division Lawyer in Surrey for Free

If you separated some time ago, or your divorce has been granted and property is still unresolved, do not guess at your deadline. The first 30 minutes with SiLaw Group are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.