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.

Contact Us
Image

Establishing Joint Family Venture And Contribution

When a court is asked to assess a common-law spouse's right to assets, a judge will first need to be convinced there was a contribution that directly or indirectly enriched the other partner and whether parties' acquisition of property constituted a joint family venture. Factors taken into account include mutual effort, economic integration, actual intent and priority of the family.


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.



Tell Us Your Story

Collaborative Lawyers: Serving Airdrie, Cochrane And Canmore

To consult with a common-law property rights lawyer in Calgary, call us toll free at 877-563-5295.

In Calgary, call 403-233-9300 or contact us online to book an appointment.

Contact Us


Related Articles

The lawyers and staff at Kirk Montoute LLP work collaboratively to maintain a client-focused legal practice.
Defending an Unjust Enrichment Claim in Alberta
As innovative as the decision might seem, Kerr v. Baranow represents nothing more than a renovation and modernization of the law of unjust enrichment.1 The cause of action is relatively well-established, as is its ...
Read More
Challenging the Validity of Cohabitation and Pre-Nuptial Agreements In Alberta
For sound reasons, as with all litigation, these issues ultimately seeing the inside of a courtroom, is hardly a recurring exercise. That being said, given the evolving climate, ...
Read More
View All