MATRIMONIAL PROPERTY ACT - Alberta

1 Published by Alberta Queen s Printer E-mail: Shop on-line at Alberta Queen s Printer 7th Floor, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Office Consolidation Revised Statutes of Alberta 2000 Chapter M-8 Current as of November 1, 2010 MATRIMONIAL PROPERTY ACT Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20__.* *The year of first publication of the legal materials is to be completed.

2 Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Amendments Not in Force This consolidation incorporates only those amendments in force on the consolidation date shown on the cover. It does not include the following amendments: 2010 s117 amends s1, adds , repeals and substitutes s4, amends s5, adds , amends s6, adds , amends s7, adds , amends ss8 and 9, repeals s11, repeals and substitutes s12, amends s13, repeals and substitutes s14, amends s15, repeals and substitutes ss16 and 18, amends ss32, 33(1), 37 and 38. Regulations The following is a list of the regulations made under the MATRIMONIAL PROPERTY Act that are filed as Alberta Regulations under the Regulations Act Alta.

3 Reg. Amendments MATRIMONIAL PROPERTY Act MATRIMONIAL 63/2003, 177/2010, 227/2011 1 MATRIMONIAL PROPERTY ACT Chapter M-8 Table of Contents 1 Definitions 2 Knowledge of void marriage Part 1 MATRIMONIAL PROPERTY 3 Application by spouse 4 Form of application 5 Conditions precedent to application 6 Time for application 7 Distribution of PROPERTY 8 Matters to be considered 9 Power of the Court 10 Return of gift or PROPERTY when insufficient consideration 11 Application by spouse of deceased 12 Suspension of administration of deceased s estate 13 Consent to distribution of estate 14 Distribution in accordance with Court order 15 PROPERTY deemed

4 Never part of estate 16 Actions continued by estate 17 Question re other MATRIMONIAL cause 18 Effect on Dependants Relief Act Part 2 MATRIMONIAL Home Possession 19 Grant of exclusive possession of home 20 Matters to be considered 21 Precedence of order RSA 2000 Chapter M-8 MATRIMONIAL PROPERTY ACT 2 22 Registration of order for possession 23 Registration of financing statement re mobile home 24 Spouse as tenant 25 Exclusive use of household goods 26 Registration of financing statement re household goods 27 Effect of registration 28 Rights additional to rights under Dower Act 29 Cancellation of registration of order 30 Methods of making application Part 3 General 31 Disclosure of PROPERTY by spouses 32 Regulations 33 Disposition prohibited during proceedings 34 Prevention of gift or sale 35 Filing certificate of lis pendens 36 Presumption of advancement 37 Agreements between

5 Spouses 38 Formal requirements for agreement HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta , enacts as follows: Definitions 1 In this Act, (a) Court means the Court of Queen s Bench; (b) household goods means personal PROPERTY (i) that is owned by one or both spouses, and (ii) that was ordinarily used or enjoyed by one or both spouses or one or more of the children residing in the MATRIMONIAL home, for transportation, household, educational, recreational, social or esthetic purposes; (c) MATRIMONIAL home means PROPERTY (i) that is owned or leased by one or both spouses, RSA 2000 Section 2 Chapter M-8 MATRIMONIAL PROPERTY ACT 3 (ii) that is or has been occupied by the spouses as their family home, and (iii) that is (A) a house, or part of a house, that is a self-contained dwelling unit, (B) part of business premises used as living accommodation, (C) a mobile home, (D)

6 A residential unit as defined in the Condominium PROPERTY Act, or (E) a suite; (d) MATRIMONIAL PROPERTY order means a distribution by the Court under section 7 and an order under section 9; (e) spouse includes a former spouse and a party to a marriage notwithstanding that the marriage is void or voidable. RSA 1980 cM-9 s1 Knowledge of void marriage 2 Nothing in this Act confers a right on a spouse who at the time of marriage knew or had reason to believe that the marriage was void. RSA 1980 cM-9 s2 Part 1 MATRIMONIAL PROPERTY Application by spouse 3(1) A spouse may apply to the Court for a MATRIMONIAL PROPERTY order only if (a) the habitual residence of both spouses is in Alberta , whether or not the spouses are living together, (b) the last joint habitual residence of the spouses was in Alberta , or RSA 2000 Section 4 Chapter M-8 MATRIMONIAL PROPERTY ACT 4 (c) the spouses have not established a joint habitual residence since the time of marriage but the habitual residence of each of them at the time of marriage was in Alberta .

7 (2) Notwithstanding subsection (1), if a statement of claim for divorce is issued under the Divorce Act (Canada) in Alberta , the plaintiff or the defendant may apply for a MATRIMONIAL PROPERTY order. RSA 1980 cM-9 s3 Form of application 4 An application for a MATRIMONIAL PROPERTY order shall be made by statement of claim. RSA 1980 cM-9 s4 Conditions precedent to application 5(1) A MATRIMONIAL PROPERTY order may only be made (a) if (i) a judgment of divorce has been granted, or (ii) a declaration of nullity of marriage has been made with respect to the marriage, (b) if one of the spouses has been granted a judgment of judicial separation , ( ) if one or both of the spouses have obtained a declaration of irreconcilability under the Family Law Act, (c) if the Court is satisfied that the spouses have been living separate and apart for a continuous period of at least one year immediately prior to the commencement of the application, (d) if the Court is satisfied that the spouses are living separate and apart at the time the application is commenced and the defendant spouse (i)

8 Has transferred or intends to transfer substantial PROPERTY to a third party who is not a bona fide purchaser for value, or (ii) has made or intends to make a substantial gift of PROPERTY to a third party, RSA 2000 Section 6 Chapter M-8 MATRIMONIAL PROPERTY ACT 5 with the intention of defeating a claim to PROPERTY a spouse may have under this Part, or (e) if the Court is satisfied that the spouses are living separate and apart and one spouse is dissipating PROPERTY to the detriment of the other spouse. (2) Notwithstanding that a MATRIMONIAL PROPERTY order has been made under circumstances to which subsection (1)(b),(c),(d) or (e) applies, the Court may make a further MATRIMONIAL PROPERTY order under circumstances to which subsection (1)(a) applies with respect to the PROPERTY of the same spouses if there has been a subsequent resumption of cohabitation by the spouses during a period of more than 90 days with reconciliation as its primary purpose.

9 (3) Spouses may be held to be living separate and apart notwithstanding that they have continued to reside in the same residence or that either spouse has rendered some household service to the other during the period of separation . (4) For the purposes of subsection (1)(c), the period during which spouses have been living separate and apart shall not be considered to have been interrupted by reason only that there has been a resumption of cohabitation by the spouses during a single period of not more than 90 days with reconciliation as its primary purpose, and that period shall not be included in computing the period during which the spouses are living separate and apart. RSA 2000 cM-8 s5;2003 s121 Time for application 6(1) An application for a MATRIMONIAL PROPERTY order to which section 5(1)(a) or (b) applies (a) may, notwithstanding subsection (2), be commenced at or after the date proceedings are commenced for a decree of divorce, a declaration of nullity, a judgment of judicial separation or a declaration of irreconcilability under the Family Law Act, but (b) may be commenced not later than 2 years after the date of the decree nisi, declaration or judgment.

10 (2) An application for a MATRIMONIAL PROPERTY order to which section 5(1)(c) or (e) applies may be commenced within 2 years after the date the spouses separated. (3) An application for a MATRIMONIAL PROPERTY order to which section 5(1)(d) applies may be commenced within RSA 2000 Section 7 Chapter M-8 MATRIMONIAL PROPERTY ACT 6 (a) two years after the date the spouses separated, or (b) one year after the date the PROPERTY is transferred or given, whichever occurs first. (4) Any single period of not more than 90 days during which the spouses resumed cohabitation with reconciliation as its primary purpose shall not be included in computing the 2-year period under subsection (2) or (3).