Joint Tenancy with Right of Survivorship

In Alberta, the owner of all real property (i.e. real estate) must be registered with the Land Titles Office. The property can be owned as either joint tenants or tenants in common. Joint tenancy is most commonly seen for residential homeowners. Joint tenants are equal owners of the property. If …

setting up settlement

James Brown Estate Settled

Finally, fifteen years after the death of “The Godfather of Soul”, James Brown, his estate has been settled. As with other celebrities such as Aretha Franklin and Prince, who died without a coherent estate plan or a will, expensive and time-consuming litigation has been a hall-mark of the James Brown …

Predatory Marriage

The problem of a predatory marriage in which a person with reduced mental capacity marries someone who is motivated to take advantage of property transfers, family property legislation or changes to estate plans, is an increasing feature of the greying demographic. And while the term “predatory marriage” has a certain …

Sliced apple

The Family Property Act in Alberta and Exemptions from Division of Family Property

In Alberta, the Matrimonial Property Act has been amended and renamed the Family Property Act. The primary purpose of the amendments is to include property acquired by spouses in a non-married relationship (adult interdependent partners) as subject to the (rebuttable) presumption of equal division upon termination of the relationship.  What …

Rule of 65

The ‘Rule of 65’ & Spousal Support

Spousal support in Alberta can be a highly complex issue, as there are multiple steps and considerations to determining appropriate support, one of which is the ‘Rule of 65’. The Spousal Support Advisory Guidelines offer direction for courts in Alberta when deciding whether a party is entitled to spousal support …

Divorce Disaster Recovery: Getting Relief to the Victims

The Fault Line. The Earthquake. The Fall Out Using a natural disaster analogy to describe divorce may seem needlessly theatrical. The most fortunate couples who end their relationship will do so amicably, collaboratively and with minimal trauma. However, many spouses indeed experience the ending of a relationship as an unmitigated …