Property Division in Alberta

Matrimonial property includes most assets acquired during the marriage, regardless of whose name is on the title. This includes the family home, vehicles, RRSPs, pensions, investments, and business interests built during the marriage.

Certain property is exempt from division: gifts from third parties, inheritances, insurance proceeds, and property owned before marriage. However, any increase in value of exempt property during marriage may be divisible.

The matrimonial home receives special treatment in Alberta. Even if owned by one spouse before marriage, the other spouse has rights. Options include sale and division of proceeds, one spouse buying out the other, or continued co-ownership.

Courts can order unequal division if equal sharing would be 'unjust or inequitable' considering factors like length of marriage, each spouse's contribution, and financial circumstances.