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

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.

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Calgary Lawyers For Constructive Trust Claims

To consult with a common-law property rights lawyer in Calgary, call the firm toll free at 877-563-5295 throughout Alberta or contact us online to make an appointment. In Calgary, call us locally at 403-233-9300.