Is a separated spouse entitled to a portion of the proceeds of the sale of a jointly owned house in a divorce proceeding?
Alberta, Canada
The following excerpt is from Royal Bank of Canada v. Bisset, 2005 ABQB 700 (CanLII):
In Perry v. Perry Estate [2001] ABQB 339; [2001] A.J. No. 538, a husband and wife owned a house jointly. The husband and wife divorced. The house was sold and before the funds could be distributed the husband died. The former wife maintained that she had the right of survivorship to proceeds.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a spouse's gift from one spouse to the other spouse of a jointly designated beneficiary of an exempt amount? (Alberta, Canada)
Does remarriage of a divorced spouse entitled to court-ordered support from a former spouse automatically justify or discharge a subsisting order for spousal and child support? (Alberta, Canada)
Can a homestead quarter section be separated from a piece of land jointly owned? (Alberta, Canada)
What is the test for inferring that a spouse who provides services to another spouse is entitled to a constructive trust remedy? (Alberta, Canada)
Is a husband entitled to a post-separation return on equity that he had in the home at the date of the separation? (Alberta, Canada)
What is the test for a spouse who has a relationship with a different spouse? (Alberta, Canada)
What are the requirements for a spouse to retain a portion of her husband’s property as a result of their relationship? (Alberta, Canada)
Does a common law spouse have to equal division of assets acquired by their common law spouses? (Alberta, Canada)
When a testator begins a matrimonial property action against his ex-wife for his undivided interest in their jointly owned duplex home, does the testator have a right to dispose of the property at the time he wrote the will? (Alberta, Canada)
Is a husband entitled to share his post-separation income with his wife if he has obtained his M.B.A. degree and developed skills during the marriage? (Alberta, Canada)
