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Property Division

Family Property Division Lawyers in Edmonton

Dividing property fairly means knowing what's shared, what's exempt and what everything is worth. We protect your interests and help you avoid costly mistakes — and missed deadlines.

Our family property lawyers in Edmonton help married spouses and adult interdependent partners divide the family home, pensions, investments, businesses and debts under Alberta's Family Property Act.

What we handle

  • The family home
  • Pensions & RRSPs
  • Businesses & corporations
  • Investments & savings
  • Debts
  • Exempt property claims

How property is divided in Alberta

Under the Family Property Act, property acquired by either spouse or partner during the relationship is generally divided equally, regardless of whose name it's in. The court can depart from equal division in some circumstances where it would be unfair.

Exempt property

Some property is exempt from division, including the value of property you brought into the relationship, and gifts and inheritances from third parties. Any increase in value during the relationship is usually shared. Exempt property must be proven, so records matter.

Common assets and debts

  • The family home — who keeps it, whether it's sold, and how equity is shared.
  • Pensions and RRSPs — which can often be divided without immediate tax consequences.
  • Businesses and corporations — which may need a professional valuation.
  • Debts — debts incurred during the relationship are generally shared too.

Who the Act applies to

The Act applies to married spouses and, since January 1, 2020, to adult interdependent partners.

Deadlines

Strict limitation periods apply to property claims after separation or divorce. Get advice early so you don't lose the right to make a claim.

FAQ

Frequently asked questions

Have a question that isn't answered here? Call 780-229-4559 or see all FAQs.

Is everything split 50/50 in an Alberta divorce?

Property acquired during the relationship is generally divided equally, but some property is exempt and the court can depart from equal division where it would be unfair.

What about property I owned before the relationship?

Its value at the start of the relationship is generally exempt, but any increase in value during the relationship is usually shared.

Are debts divided too?

Generally, yes — debts incurred during the relationship are typically shared along with the assets.

Does property division apply to common-law partners?

Yes. Since January 1, 2020, Alberta's Family Property Act applies to adult interdependent partners as well as married spouses.

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