The best laid plans...

When going through a divorce, you're probably thinking about dividing the house, the bank accounts, maybe even the furniture. But what about burial plots? It's not the first thing that comes to mind, but if you and your ex bought one together - or if one of you inherited one - things can get complicated.

Burial plots are technically property, but they don't work the same way as a house or a car. They have a unique legal status, and because they hold deep emotional value, figuring out what happens to them in a divorce can be tricky.

How Canadian Law Treats Burial Plots

In Canada, anything acquired during a marriage is typically considered family property and gets divided equally. Burial plots, however, are a bit of a grey area. Here's how different situations might play out:

1. You Bought the Plot Together
   If you and your ex purchased a burial plot together using shared funds, it's generally treated like any other marital asset - it belongs to both of you and is subject to division. That means one of you may need to buy out the other's share, or you might have to agree on who keeps it. Alternatively, you could sell it and split the proceeds. A quick search through online marketplaces turns up many a plot for sale!
   
   
2. The Plot Was a Gift or Inheritance
   If one of you inherited a burial plot or received it as a gift before the marriage, it might be considered separate property. Under laws like Ontario's Family Law Act, inherited assets are often exempt from division. However, if the plot increased in value during the marriage (yes, this can happen), that increase might be subject to splitting.
   
   
3. Ownership Isn't What You Think
   Here's a twist - owning a burial plot usually doesn't mean you own the land. Instead, you own "interment rights", which allow you to decide who gets buried there and what kind of memorials can be placed. The cemetery still owns the land itself.

The Challenges of Sharing a Burial Plot After Divorce

If you and your ex remain co-owners of a burial plot, things can get awkward fast.

• Who gets buried there? Both of you would have to agree on future burials. That's not exactly an easy conversation to have.
• Can one of you sell their share? Maybe. One of you might want to transfer or sell their interment rights, but that usually requires negotiation.
• What if there's a dispute? If you don't sort it out now, it could lead to legal battles down the road.

How to Handle It

Since burial plots are both financially valuable and emotionally significant, they deserve careful attention in a divorce settlement. If you and your ex can have an open, honest discussion about it, that's great. If not, mediation can help. And when in doubt, getting legal advice is always a smart move.

Dividing property in a divorce is never fun, but handling unusual assets, like burial plots, with clarity now can save a lot of stress in the future.