Who can apply for the Matrimonial Property Act (MPA) in Alberta?
- It only applies to spouses residing in Alberta
- The MPA only applies to married couples
- You can request a Judge to apply the rules of the MPA when you are separated or divorced (time limits do apply for the MPA)
- If you are separated from your spouse, but not yet divorced, you must start the action within two (2) years of the date of separation or else you must also start divorce proceedings.
- You must start the action within two (2) years of the date of the Divorce Judgment.
Spouse selling property to third party to avoid the rules of the MPA:
- If you feel the matrimonial property is being sold or given away to avoid the rules of MPA, you must start the action within one (1) year of the date your spouse sold or gave the property away.
When your spouse dies:
- When your spouse dies and have been separated less than two years, you must start your action within six (6) months of the grant of probate or administration of the estate, but only if you could have started the action immediately before your spouse's death.
If you think some of these time limits may apply to you, talk to a lawyer that practice Family Law or Wills and Estate Law where applicable to your concerns.
Lawyer Referral: You can request three (3) lawyers to obtain 1/2 hour free consultation from each of them, if you have any questions or concerns.
Toll free from anywhere in Alberta, Saskatchewan, Lower Mainland British Columbia, Yukon, Northwest Territories and Nunavut: 1.800.661.1095
In Calgary: 403.228.1722
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