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My ex and I have been separated for 4 years I live in the family home in Alberta he lives out of province and has not contributed to anything since 2017 Does the equity of the home go by separation date or todays date for division of property?
011 months ago
Anne McVea - Reliance Legal Group LLP (Calgary) Verified Lawyer
According to the case law in Alberta, division of family property is at the time of trial. However, s. 8 of the Family Property Act allows other factors to be considered in the analysis of property division such as :
8 (c) the contribution, whether financial or in some other form, made directly or indirectly by or on behalf of a spouse or adult interdependent partner to the acquisition, conservation or improvement of the property;
The counterargument can be raised that your 4 years of extra payments should be offset by the other spouse's requirement to live outside the family home and pay rent.
Also, the only money considered is money spent for capital costs not carrying costs (utilities, etc.) because you got the benefit of living in the house.
It is typically not a great idea to delay settling real property if property values are going up.
It all depends on the facts of your circumstances.
211 months ago
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