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
Category: Property
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
Occupation Rent & The Matrimonial Home
When a couple splits after sharing a matrimonial home, it is common for one half of the couple to remain in the home for some amount of time, especially if there are minor children involved. Parents generally do not want to upend their children’s lives if they don’t need to, and so one parent will… Continue reading Occupation Rent & The Matrimonial Home
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