Breaking up is expensive, particularly when parties resort to litigation. It is not uncommon for large disparities in parties' financial means to frustrate the division of matrimonial property. For example, one party may initiate proceedings and be ready to move the matter forward while the other party does not have the finances to advance his or her side of the litigation.
If your pending divorce involves significant assets, then coming to a fair division of matrimonial property will require careful analysis. Alberta's Matrimonial Property Act states simply enough that matrimonial property shall be divided equally between the spouses. The reality, though, is that reaching a fair and comprehensive agreement often requires special consideration of complex assets, and the idea of a 50-50 split is only a starting point.
When separated spouses in Alberta can't agree on who will stay in the matrimonial home, it may be necessary for one spouse to apply for exclusive possession of the property. Under the Alberta Matrimonial Property Act, this kind of application is filed in the Court of Queen's Bench.
The matrimonial home is the most valuable asset in many divorces, and sometimes spouses disagree about who should leave the home during separation. Leaving the home does not necessarily mean that the spouse or partner who stays will keep the asset forever, but in many cases, staying in the home can be advantageous while matters of divorce are settled.