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Who Gets the House in a Divorce in Alberta?

Who gets the family home in an Alberta divorce? The answer depends on legal and financial factors under Alberta's Family Property Act. Here's what to know.

House keys on a wooden table — property division in Alberta divorce
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Introduction

One of the most contested issues in divorce is the family home. The answer is not always straightforward and depends on several legal and financial factors.

How Property Is Divided

Property division in Alberta is governed by the Family Property Act. The general principle is fair division — not necessarily equal division.

Factors That Affect Who Gets the House

  • When the home was acquired
  • Financial contributions of each party
  • Presence of children
  • Ability to maintain the property

Common Outcomes

  • One party keeps the home and buys out the other
  • The home is sold and proceeds are divided
  • Deferred sale where children remain in the home

Mortgage and Financial Considerations

Keeping the home requires:

  • Mortgage qualification
  • Ability to cover ongoing costs

Failure to assess this properly can create long-term financial issues.

Strategic Considerations

The home is often part of a broader negotiation involving:

  • Support
  • Other assets
  • Debt allocation

We advise on property division involving significant financial exposure. Contact Edmonton Top Law to assess your position.

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