Separating Unmarried Couples and the Family Home in Alberta – the Family Property Act and the Dower Act

In Alberta, adult interdependent partners, or to use a phrase people are more familiar with, “common law” couples, now have similar protections to married couples when it comes to property division when their relationship breaks down. These are generally couples who have lived together in a “relationship of interdependence” for at least three years, or for a shorter period of time if they have children together, or couples who have chosen to sign an “adult interdependent partner agreement”. On January

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Alberta Family Courts Weighing in on COVID-19 Parenting Matters

Alberta now has its own written Court decision for emergency parenting applications. In SAS v. LMS, 2020 ABQB 287, the father of two children applied to have the current parenting arrangement enforced after the children’s mother informed him that their children would be staying with her due to her concerns with his conduct during the current COVID-19 environment. While the Alberta Courts are still only hearing emergency or urgent matters, which require special permission from the Court to be heard,

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Major Change on the Horizon: Family Property Act

McCuaig Desrochers LLP wants to alert you to upcoming amendments to the Matrimonial Property Act. These Amendments substantially change the property rights of people living in Alberta that are Married or in Common Law Couples. As of January 1, 2020, the Family Property Act will be in force in Alberta. How do these changes affect division of property at the end of a relationship? The most notable change is that Common Law Couples will be entitled to the same property

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