Guiding you through property division after separation.
Achieving a fair division of family property after separation in Alberta is an important step towards rebuilding your future. Our knowledgeable lawyers provide tailored support to guide you through the complexities of asset division, whether you are ending a marriage or a common law partnership.
Matrimonial and family property includes assets that were acquired or significantly increased in value over the course of a relationship, intended for the mutual benefit of both spouses or partners.
Our firm provides clear legal guidance for the separation of matrimonial and family property. We offer:
When a marriage ends, spouses usually want to complete a final division of their assets and liabilities.
The Matrimonial Property Act of Alberta sets out the law regarding the division of property. Exactly how property is divided, and in what proportions, depends on the specific circumstances of each case. Every province also has a different set of laws regarding property division after marriage or cohabitation.
It is strongly advised that anyone contemplating a division of marital assets meet with a lawyer to learn their rights prior to discussing the division of assets and liabilities with their spouse. A legal opinion will arm a client with knowledge of their rights, some general income tax advice, and an explanation of the steps required to complete the division in a final, binding manner.
In most cases, family property is divided equally between a couple after the relationship ends. Family property (formerly matrimonial property) includes all assets and debts acquired by a couple during their marriage or common law (adult independent) relationship. A different division of some property may be used upon agreement of the couple or order of the court.
Both spouses or common-law partners have the right to remain in the family home after separation, even if only one spouse owns or leases the home. The couple may reach an agreement about who will remain in the home post-separation. They may also both stay in the home but live separate and apart.
If one spouse or common-law partner wishes to live in the family home alone after separation, they may apply to the court for an order of exclusive possession. The court will consider all of the family’s circumstances before granting such an order, including each spouse’s financial means, any pre-existing court orders about financial support or property division, and the best interests of the couple’s children. Spouses can also negotiate an arrangement where one of them remains in the family home.
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