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.
Osuji & Smith has just won the 2019 Three Best Rated for Best Rated Employment Lawyers in Calgary. This is our third win having won it in 2017 and 2018. We have also won the 2019 Three Best Rated for Best Rated Business Lawyers in Calgary for 2019. The Three Best Rated’s 50-Point Inspection includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust and cost to the general excellence. Osuji & Smith has also been nominated for the 2019 Employer Awards for Newcomer Employment, given by the Immigration, Refugees and Citizenship Canada (IRCC). We have also been nominated for the 2019 Hope Awards, Aspen.
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Osuji & Smith Lawyers is known for its friendly team of legal professionals. We are client-focused and also driven to produce practical results for you.For years, our clients have trusted our experience and skill in solving their legal matters. Our skill is based on knowledge of the law and our ability to interpret it depending upon the facts of each case. Our dedicated team of lawyers is constantly striving to find unique resolutions for your complex issues. Our office is conveniently located in Kensington close to downtown Calgary, Alberta. For easy access, we also have free parking available for our clients.