Matrimonial Property Act.pdf

Key Definitions:

"Court" means the Court of Queen's Bench
"Household goods" refers to personal property used by spouses or children for various purposes
"Matrimonial home" means a property occupied by spouses as their family home
"Matrimonial property order" means a distribution by the Court under section 7 and an order under section 9
"Spouse" includes a former spouse and a party to a void or voidable marriage

Application for Matrimonial Property Order:

A spouse can apply to the Court for a matrimonial property order if:
+ Both spouses have their habitual residence in Alberta
+ The last joint habitual residence was in Alberta
+ No joint habitual residence was established, but both spouses had their habitual residence in Alberta at the time of marriage
Alternatively, if a statement of claim for divorce is issued in Alberta, the plaintiff or defendant can apply for a matrimonial property order

Form of Application:

An application for a matrimonial property order must be made by statement of claim

Other Key Points:

A spouse who knew or had reason to believe that the marriage was void at the time of marriage has no rights under this Act
The Court has the power to make orders regarding matrimonial property, including distribution and possession
* The Act also deals with matters such as exclusive possession of the matrimonial home, household goods, and rights under the Dower Act.