Who Keeps the Jewelry in a BC Divorce?

When relationships end, dividing sentimental and valuable items, like jewelry, often becomes one of the most contentious aspects of separation. Whether it’s your engagement ring, a family heirloom, or gifts exchanged during your marriage, understanding who keeps the jewelry in a BC divorce can help protect your rights.

 Did you know we have a FREE calculator that calculates who keeps what jewelry and how much each spouse is entitled to on jewelry at separation?! click here to try it for FREE!

Family Property vs. Excluded Property at Separation

Under BC’s Family Law Act, jewelry is categorized as either family property or excluded property, which determines how it will be divided. Let’s break it down.

Family Property

Jewelry acquired during the relationship, such as anniversary gifts or a diamond bracelet purchased together.

• Division: Family property is divided equally unless a court deems a 50/50 split to be “significantly unfair.”
• Common Example: A necklace gifted to the couple at their wedding.

Excluded Property

Jewelry owned before the relationship, or during the relationship but received as an inheritance, or gifted by a third party (e.g., a parent or friend).

• Excluded property remains with the original owner. However, if the value of the excluded property increased during the relationship, that increase in value may be divided.
• Common Example: A family heirloom ring passed down through generations and was inherited by one of the spouses. That spouse would keep the heirloom but if its value increased during the relationship, the other spouse would be entitled to generally 50% of the increase in value.

How Jewelry Is Classified at BC Divorce?

Jewelry classification often depends on when and how the item was acquired. Let’s examine three common scenarios:

1. Jewelry Owned Before the Relationship

Example: A watch or necklace you purchased before your marriage or common-law relationship.

Status: Excluded property.

Important Note: If its value increased during the relationship, the increase may be shared between both parties.

2. Gifts from Third Parties

Example: A bracelet gifted by a friend or family member during your marriage.

Status: Excluded property if you can prove that it was gifted to you alone (e.g., via a gift affidavit, receipt, or correspondence).

Important Note: If its value increased during the relationship, the increase may be shared between both parties.

3. Gifts Between Spouses

Example: A diamond necklace or earrings gifted by your spouse for an anniversary or holiday.

Status: Family property. These items are subject to division, as they are considered a shared asset acquired during the relationship.

However, most spouses let each other keep what they gifted to each other. Why? pick your battles and let go of gifts you have already given to your spouse. It’s not worth fighting over (human and non-lawyer advice!).

Try our  FREE calculator that calculates who keeps what jewelry and how much each spouse is entitled to on jewelry at separation!

4 Steps to Protect Your Jewelry During Separation

1. Document Everything:

Take photos, save receipts, and note purchase dates. For heirlooms, gather wills or inheritance records.

2. Get a Professional Appraisal:

Work with certified gemologists (we recommend Vancouver Jewelry Appraisers) to establish fair market value.

3. Update Legal Agreements:

Prenups or postnups can specify which items are excluded property.

4. Consult a Lawyer Early:

BC’s “significant unfairness” rule requires nuanced legal arguments. Our team negotiates creative solutions, like trading jewelry for other assets.

Dividing jewelry in a BC divorce can be an emotionally and legally complex process. Every case is unique, and it’s crucial to understand your rights and options. To protect your assets and navigate the division process effectively, it’s best to speak with an experienced family lawyer in BC. Call our award-winning firm at 604-974-9529 to schedule a consultation or get in touch.