Thank you for your patience! The laws that apply to tenants are generally not applicable to spouses. Whereas the Residential Tenancy Act outlines the obligations of tenants and landlords, the BC Family Law Act outlines spousal obligations. Spouses are not legally required to give notice of their intention to leave the family residence. In fact, sometimes giving notice isn’t advisable due to safety concerns. If safety isn’t an issue, it is usually best to give as much notice as possible so you can both negotiate how to divide shared expenses, such as the rent, mortgage payments, property taxes, insurance, utilities, etc. Reaching an agreement is usually the hardest part, so it’s great if you and your spouse have settled these issues!

It’s always ideal for parties to reach agreements amicably without incurring a fortune in legal fees, but you may want to schedule a consultation with a family lawyer to discuss how to protect yourself. A family lawyer would likely recommend that you and your spouse sign an interim (temporary) agreement, which would likely remain in effect until everything is finalized in a separation agreement. This is particularly important if your name is on the lease or mortgage that your spouse has agreed to pay. Although agreements that you sign with your spouse will not bind third parties (such as a landlord or bank), a signed written agreement will make it easier to obtain compensation from your spouse if you become liable for a payment that your spouse has agreed to be responsible for. You don’t necessarily require a lawyer to draft the agreement, but it is advisable. The agreement may need to include additional terms regarding child support, spousal support, division of household contents, and/or whether your spouse will have exclusive occupation of the former family residence unless otherwise agreed or ordered by the court.

In summary – you are not legally required to provide a minimum amount of notice to your spouse, but it’s best to reach agreements about expenses that were previously shared. It’s even better if those agreements are outlined in a signed written agreement.

I’m currently away on holidays, but please feel free to post more questions or contact our office to schedule a consultation towards the end of the month.