4 Types of Property that Do Not Have to be Split in a Divorce

The assessment and division of family property are often some of the most time-consuming and contentious issues in a separation or divorce. In Alberta, property division is governed under the Matrimonial Property Act. When spouses divorce, the court will generally divide all net family property equally. If one spouse receives property worth more than their… Continue reading 4 Types of Property that Do Not Have to be Split in a Divorce

Family Decision Results in Oppression Claim Against Husband

When a marriage ends, the parties must determine issues such as the division of family property, child support, and spousal support. In an effort to equalize the parties in terms of assets after a divorce, courts will often require one spouse to make an equalization payment to the other. Business interests can further complicate matters,… Continue reading Family Decision Results in Oppression Claim Against Husband

Alberta Court Denies Father’s Request for Unequal Property Division

The division of net family property is often a controversial aspect of a divorce. First, the parties must determine what constitutes family property, and then there must be a fair division of property, taking a number of factors into consideration. In circumstances involving significant wealth, international holdings or jointly-owned businesses, this can be a particularly… Continue reading Alberta Court Denies Father’s Request for Unequal Property Division

Lottery Winnings and Family Property

When separating or divorcing, married and common-law couples are required to participate in an equalization of net family property. However, certain assets will be excluded from consideration as family property, such as inheritances, as long as the inheritance was kept separate from shared finances and not used to say, purchase the matrimonial home. One issue… Continue reading Lottery Winnings and Family Property

Matrimonial Property in the Time of COVID-19

As a general principle, the justice system emphasizes the timely resolution of legal matters; in fact, such is a foundational principle of the Alberta Rules of Court. Under these Rules, litigants and their counsel are obligated to take steps and act in a manner that furthers the following tenets: to facilitate the quickest means of… Continue reading Matrimonial Property in the Time of COVID-19