Division of Matrimonial Property - Immigration Lawyer Calgary | Wills and Estate Planning Calgary

With a few exceptions, matrimonial property is any property acquired by spouses over the course of a marriage, and includes any increases in value of property over the course of a marriage even if the property was acquired prior to the marriage. The division of matrimonial property is governed by the Matrimonial Property Act. Most of the time, matrimonial property is divided equally between the spouses. Some property, such as inheritances and gifts from third parties, may be treated as exempt from division, but this will depend on the particular circumstances.

Sometimes separating spouses will divide some or all of their property between themselves but will wait several years to get a divorce. Unless such a division is based on a formal agreement that complies with the

Matrimonial Property Act, it may not be accepted by a court at a later time. If that is the case, any increases in the value of the divided property, such as the increase in the value of a home, may have to be divided when the spouses finalize their divorce. To avoid this, it is wise to consult a lawyer when you divide your property to ensure that such a division will be regarded as final.

If you were in a common law relationship, you may be entitled to a division of property based on common law court precedents.