property division

I am about to move in with someone and we want to enter into a Cohabitation Agreement in case things don’t work out. Can we do that before we move in together?

The answer is“yes”, as long as you do it before December 31,2019. Under new legislation, the Family Property Act which takes effect January 1, 2020, you will have to be married to each other or partners as defined under the Adult Interdependent Relationships Act. Under that Act, you either have to have lived with the […]

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How is property divided in a divorce?

There is a presumption that all property accumulated during a marriage, whether in sole or joint names, is divisible on divorce.  However, as is so often the case, there are exceptions, including for property owned before marriage or received by gift or inheritance during the relationship. When property that is otherwise exempt from division is […]

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Ask an Expert: My wife and I are separating and we have come to an agreement dividing all of our property. Why do we need to provide so much financial information to our lawyers to get a legal Separation Agreement drawn and signed?

Your lawyer and your wife’s lawyer must certify that they have given their clients, separate and apart from the other, independent legal advice. To do that properly, the lawyers must assess your financial situation thoroughly, much like a surgeon will not operate at your request without a complete examination prior to surgery. Like a surgeon, a lawyer can then […]

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Ask an Expert: I am separating from my common-law spouse after living together for 10 years. Do I get half of the house that we bought in his name?

In Alberta, the Matrimonial Property Act applies only to married people. There is a presumption of an equal division of all property acquired during the marriage (with certain exemptions). Some provinces and territories have legislation that governs unmarried people who live together in a conjugal relationship. Alberta has chosen against that so far. There is […]

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