Division of Property in Alberta

Breakdown of a domestic relationship may cause financial concerns in families. Our friendly team of legal professionals can help clarify and address your financial concerns through proper division of your personal and real property. If you live in Calgary or the surrounding area, please contact our office for your personalized property division valuation.

Matrimonial Property Act for Married Couples

In Alberta, the Matrimonial Property Act (MPA) requires that property be divided equitably when a marriage breaks down. Matrimonial property includes the residence you have shared with your spouse such as your family home and other property accumulated during marriage. We follow the law by making sure that such assets are divided fairly between spouses. Debt incurred during the marriage is also to be shared.

Examples of marital property include the family home, cottages/holiday/summer homes, cars, bikes, pensions, retirement and other investments, business interests, bank accounts, and other high-worth items such as paintings, jewellery, furniture and appliances.

Our expertise in the area of family law will guide you in the correct determination of your assets and debts. As your lawyers, we will ensure that your matrimonial property is properly valued and assessed. Depending upon the complexity of your case, we can work with industry experts for current market valuations and negotiate on your behalf.

Exemptions

Some property is exempted from division under the MPA, including inheritances, gifts from third parties, assets owned before marriage, and proceeds from a personal injury lawsuit or other insurance proceeds. Contact one of our family lawyers for an in-depth analysis of your assets and debts.

Unjust Enrichment for Common-Law Partners

The legal doctrine of unjust enrichment helps determine the division of property for common-law couples as the MPA applies only to married couples in Alberta. We have the knowledge and skill to determine if your partner has benefited financially from the relationship, giving rise to unjust enrichment and constructive trust. Our client-focused approach helps determine your financial and non-financial contributions and helps us negotiate on your behalf. We can help determine your share in division of property.

More Information on Division Of Property

Complex issues of property division require the expertise of a family law lawyer. For competent legal advice, call us at 403-283-8018 or send us an email through the online form for an appointment. Our friendly staff is here to help.