PROPERTY DIVISION

Property Division

Are you seeking a property division lawyer in Edmonton, Alberta?

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Property division in Alberta, properly called equalization of net family property, involves placing all the property accumulated by parties during a relationship into a ledger and determining what payment is owed by the person who has accumulated more.

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The division of property of a common-law relationship is always clearly defined in the case of spouses. The common-law spouse of a means fulfills his obligation with interest in respect to the other partner even if not always effectively. This obligation is fully enforceable accordingly and also against third parties

The division of property between spouses in Alberta can vary. The determination of how property is divided after a divorce and a dissolution of marriage has to be made according to the law of that province, not according to what people think it should be or want it…

Other Factors:

In addition, you must also consider how your relationship was formed, along with whether you were married by an authorized person (officiant), such as somebody qualified under section 7(2) of the Family Law Act. Different rules of inheritance apply to married spouses, and you must follow those accordingly.

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The divorce process in Alberta is different from that followed by most other parts of Canada, taking the form of court proceedings through a judge. If your marriage has ended it should be done as expeditiously as possible so that you can begin to move on with a fresh start in your life after being separated for many years (if this were not the case then the institution would be required). The role of the court is to decide on issues for which it has jurisdiction. This includes final orders or judgments in Family law as well as child and spousal support obligations, property division, maintenance and custody (some jurisdictions offer some form of "parenting order"

for parents who are unable to resolve their own issue in an ordinary manner), access by you both; dissolution typically causes considerable disruption. Court proceedings can be torturous for the parties involved and are often emotionally charged.

Legal representation is of great social importance to most people, however, if you cannot afford it then at least try to obtain some assistance from a lawyer representing one party or another who may be able to provide advice on how best

Indemnity relating in Alberta province could be looked into by the husband requesting a Premarital Agreement (a prenup).

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• https://www.qp.alberta.ca/documents/Acts/F04P7.pdf

• Like “custody”, property division in Alberta is also misunderstood.  Misconceptions abound, which is why it is important to have a lawyer to assist you with the complexities of property division after separation.

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Factors To Consider When Dividing Property:

• Married or Adult Independent partner – link to Alberta Property Act

• exemptions such as inheritance, property acquired prior to the relationship and gifts.

• Agreements

• Should a certificate of lis pendens be filed to protect your family property?