Calgary Common-Law Property Rights Lawyers
Seeking Resolution On Asset Division
Common-law spouses are not automatically entitled to an equal share of property upon separation. However, a common-law spouse can still pursue a legal claim for a portion of assets acquired during the relationship by making a claim that the other spouse holds assets in a "constructive trust." In particular, if a spouse can show he or she contributed to the accumulation of assets or that the assets were acquired as the result of a "joint family venture", there may be a successful claim.
Kirk Montoute LLP is a Calgary firm focused on the fair and results-driven resolution of disputes. If you are experiencing the breakdown of a common-law relationship, our lawyers can advise you on your rights and obligations with regards to property. We can represent you in the negotiation of a fair settlement with your former partner. Consult with our attorneys to learn more today.
Establishing Joint Family Venture And Contribution
Negotiating Property Settlement
In many cases, disputes about common-law property division do not go before a judge. Former spouses will come to agreement about entitlement to a portion of assets. At Kirk Montoute LLP, we are experienced family law negotiators. We are also knowledgeable about the distinct legal rights and obligations of former common-law spouses, and we can advise on what is a fair agreement in the circumstances.