Property Settlements and Working with Your Calgary Divorce Lawyer: Part 1
April 20, 2016
At GDE Family Law, one of Calgary's premiere family law and divorce law firms, we believe that knowledge truly is power. The more you know about the divorce process, from the divorce laws at work throughout Canada to the Alternative Dispute Resolution options available here in Calgary to using the courts to come to an arrangement regarding your assets, the better you will be able to make effective decisions throughout your divorce.
That's why we encourage all of our Calgary divorce clients to ask questions whenever something isn't clear, and it's also why we maintain this blog. Our goal is to ensure that everyone in Calgary has access to the general information they need to empower themselves during their divorce. While there is no substitute for partnering with an experienced and dedicated legal professional, a little bit of knowledge can ease your stress and help you avoid some potentially costly mistakes.
This is definitely the case when it comes to property settlements that are made as a part of your Calgary Divorce: one little mistake made out of ignorance could potentially cause significant harm to your divorce case. So read on to learn what to avoid and how you can work with your divorce lawyer to come to the best possible property settlement under the law.
Don't Give Up Your Calgary Home Without Talking to Your Lawyer
Divorces are tricky business. While the law and the Calgary courts treat divorces largely like the end of a business partnership, with each side due a fair amount of the joint assets based on a number of factors, the Calgary couples actually going through the divorce have a variety of other emotional and practical considerations. A jointly-owned home that is also your primary residence is a prime example.
Living in the same home as your spouse while intending to divorce may not be ideal, but agreeing to leave can put you at a disadvantage as your divorce proceeds. Though the official divorce process in Calgary often isn't initiated before a couple has been separated for a year, deciding which spouse—if either—gets to reside in that home for the year can affect the outcome of your divorce.
Agreeing to let your spouse keep your co-owned Calgary home without first consulting a Calgary divorce lawyer can be even more disadvantageous, whether or not you still reside in the home (so can making any agreement about your assets, custody, and support arrangements prior to consulting with a lawyer.)
Unless the situation is unsafe (in which case contacting the Calgary Police or other law enforcement agency may be in order), or completely emotionally untenable, you should speak to a divorce lawyer before moving out of your home or making any promise or agreement in regards to its ownership.
Contact a Calgary Divorce Lawyer With Your Property Questions Today
We'll take a look at other property considerations for your Calgary divorce in Part 2 of this article. In the meantime, please contact our office with any questions you have pertaining to your unique situation.
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