Introduction: Why Property Division Matters
When your marriage ends, dividing property isn’t just paperwork—it’s about setting yourself up for a fresh start. In Alberta, the Family Property Act explains how you and your ex should divide what you own and what you owe, whether you were married or in a common-law relationship.
Understanding what counts as matrimonial property, what you get to keep, and how the split works is essential. You’re making big decisions about your home, savings, and personal belongings. It’s emotional, but knowing your rights helps you stay in control.
What Is Matrimonial Property?
Matrimonial property refers to all the assets you and your spouse have built or gathered during your time together. This can include:
- Your house or apartment
- Cars
- Joint bank accounts or savings
- Pensions and RRSPs
- Any business or side hustle assets
- Furniture and household items
Even if something is only in one of your names, the law often sees it as shared. That’s because both of you likely contributed—one earning income, the other maybe caring for kids or managing the home.
What Property Is Exempt?
Not everything has to be split. Some things are considered yours alone, like:
- What you owned before you got married
- Gifts given only to you
- Inheritances
- Money from personal injury claims
But if those things increased in value while you were together, your ex might have a claim to the growth. For example, if a condo you bought before marriage doubled in value, you may have to share that increase.
How Is Property Divided?
The law in Alberta usually starts with a 50/50 split. But it also understands that equality isn’t always fair. If you and your ex can agree, you can make a legal agreement to divide things your way. If not, a judge will decide what’s fair.
Judges look at:
- How long were you together
- What each of you contributed—money, time, parenting
- If one of you gave up work or opportunities for the relationship
- If you have any legal agreements (like a prenup)
This is where having a Good Divorce lawyer in Edmonton matters. We make sure your efforts—paid or unpaid—get the recognition they deserve.
What About Debt?
Along with property, debt is also divided. That includes mortgages, loans, and credit card balances. If the debt helped support your life together, it’s usually shared.
But if your ex secretly ran up debt or spent money irresponsibly, the court may make them deal with that alone. We help make sure you’re not stuck paying for things you didn’t agree to.
Timelines and Legal Requirements
In Alberta, you usually have two years from your separation or divorce date to claim your share of the property. That time can pass quickly, especially when you’re under stress.
Missing the deadline could mean losing what’s yours. Talking to a Family Divorce Lawyer in Edmonton early helps you stay on track. We’ll walk you through the process, help protect what matters, and make sure you’re not left behind.
Final Thoughts: Fairness Over Assumptions
Property division isn’t just about pay-checks—it’s about the life you built together. Alberta’s laws try to divide things fairly, but you need to speak up for your contributions.
At Kolinsky Law, we help you do that. We take the time to understand your situation, stand up for your rights, and walk beside you through every part of the process.
If you’re going through a separation or divorce and need help understanding your options, our experienced Divorce Lawyers in Edmonton, Alberta, are ready to support you.