Matrimonial Property

Matrimonial property includes many of the material goods (that is, your house, household goods, and vehicles) that you and your husband shared while you were married. The law in Canada tries to ensure that the division of that property is done fairly.

Remember that just because property is in your husband’s name, it does not mean he will get to keep all the property. The opposite is also true.

You and your husband can decide together how to divide your belongings between each other. Ultimately, it is up to a judge to make the final decision on how to all of your property will be divided. Generally the courts will agree with what you have decided if both of you are satisfied. This part of divorce can be quite complicated, so it is a good idea to seek the advice of a lawyer.

Each province in Canada has its own act that governs how to divide matrimonial property.

In Alberta, the Matrimonial Property Act governs matrimonial property.For   more information about matrimonial property in the province of Alberta, see   Common Questions about Matrimonial Property.