Does the Court Have Jurisdiction to Divide Overseas Property?

During a marriage, couples may invest in properties outside of Canada. For example, rental properties may be held by a holding company in which one or more parties are shareholders. Upon a divorce, these assets may be considered family property, which must be valued and divided. These assets may also be a significant portion of… Continue reading Does the Court Have Jurisdiction to Divide Overseas Property?

How to Value a Professional Practice for Property Division and Support

Doctors, lawyers, dentists, and other professionals may run their practice through a professional corporation. Upon a divorce, the value of this professional corporation may need to be divided as family property. Additionally, the salary received from the professional corporation and value of the professional corporation may be relevant for determining a payor’s Guideline income for… Continue reading How to Value a Professional Practice for Property Division and Support

How to Navigate Division of Overseas Matrimonial Property

In order to make an order for matrimonial property division, the court requires evidence of all the property that may be available for division. This may include properties that exist overseas. As a result, it can be more difficult to obtain the required evidence regarding these overseas properties or interests, as these are managed by… Continue reading How to Navigate Division of Overseas Matrimonial Property

Husband to Manage Couple’s Valuable Real Estate After Divorce

During the marriage, one or more of the spouses may have accumulated a significant real estate portfolio that includes numerous high-value properties. By the time of divorce, the parties will need to split the value of the real estate if it is considered matrimonial property to be divided. If there are many valuable properties at… Continue reading Husband to Manage Couple’s Valuable Real Estate After Divorce

Dividing the Joint Family Venture for Common Law Spouses

Family units are unique and can involve different forms of relationships. Some partners may decide not to get married, despite living together for a long period. They are typically referred to as common law spouses, and in Alberta, unmarried cohabitating partners are referred to as “adult interdependent relationships.” However, an adult interdependent partner is not… Continue reading Dividing the Joint Family Venture for Common Law Spouses

Wife Entitled to Value of Business Sold After Separation

In some cases, parties may use the family funds towards investing in a business. This may include a combination of funds from each party. While going through divorce proceedings, one party may claim that some funds are exempt. For example, they may claim that part of the funds came from an inheritance which should not… Continue reading Wife Entitled to Value of Business Sold After Separation