How Property is Divided After Separation in Alberta
When a marriage or adult interdependent relationship ends, it’s not just the emotional toll that weighs heavy—it’s also the practical question of who gets what. Property division can quickly become one of the most stressful and contentious parts of a breakup, especially when couples don’t see eye to eye.
Whether you’re going through a divorce or separating from a long-term partner, understanding how family property is handled in Alberta is essential. Let’s break down what counts as marital property, what might be excluded, and how recent changes to Alberta’s laws affect both married couples and common-law partners.
If you and your ex-partner can’t agree on how to divide your assets, things can get complicated fast. From emotional items like the family home to financial concerns like investments or savings, a skilled family lawyer can help ensure you’re protected throughout the process.
At Chahal Law, we offer trusted guidance for those navigating the division of matrimonial and family assets. Whether you’re early in the separation process or knee-deep in property negotiations, we’re here to help.
Marital property (also known as matrimonial property) includes assets acquired by either spouse during the course of the marriage. These assets might include:
The matrimonial home
Secondary homes or vacation properties
Land or real estate
Investments, pensions, and bank accounts
Vehicles and valuable possessions
Essentially, if it was earned or acquired during the marriage, it’s likely subject to division.
Not everything is up for grabs. Alberta law recognizes certain types of property as exempt, meaning they don’t have to be split between partners. Common examples of exempt property include:
Assets owned by one spouse before the marriage
Inheritances received during the marriage
Gifts given specifically to one spouse
Personal injury settlements
Even so, the increase in value of exempt property during the marriage could still be considered for division—so it’s important to talk to a lawyer about your specific situation.
Thanks to changes made in 2020, adult interdependent partners (commonly known as common-law couples) now have nearly the same rights as married couples when it comes to dividing property after a breakup.
The Family Property Act, which replaced the former Matrimonial Property Act, allows unmarried couples to legally divide their shared property. The division is often based on legal precedents and what’s fair, depending on the couple’s contributions to the relationship. If you’re unsure what you’re entitled to, a lawyer can walk you through your options.
Alberta’s Family Property Act now reflects a more modern and inclusive approach to relationships and family law. Key updates include:
Giving unmarried partners the ability to divide family property
Repealing the outdated Married Women’s Act, aligning the law with Canadian Charter rights
Clarifying that all parents, regardless of marital status, may apply for child support for adult children with disabilities
These changes better reflect today’s family structures and provide more equitable protection across different types of relationships.
The Dower Act gives married individuals specific rights related to the family home. If only one spouse legally owns the property, the other still has rights to it if it was used as the family home. Under the Dower Act:
The family home can’t be sold, rented, or mortgaged without the consent of both spouses
These protections apply for at least three years
Navigating Dower Rights can be tricky—our team at Chahal Law can help clarify your rights and how they apply to your situation.
In general, property owned by one person before getting married is considered exempt. However, as mentioned earlier, if that property increased in value during the marriage, some of that growth may be subject to division. These cases can get complicated, so it’s important to seek legal advice to ensure you understand your position fully.
At Chahal Law, we know that separating from a partner is never easy. That’s why we provide experienced, compassionate legal support for people going through separation, divorce, or common-law breakups. If you’re facing property division in Alberta, give us a call—we’ll help you make sense of the process and protect your rights every step of the way.
Call (780) 461-0989 to book your consultation.
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Phone: (780) 461-0989
