How to Start a Family Property Claim in Alberta: Forms and Disclosure

Dividing property after a relationship ends can feel like a maze of forms and dates. In Alberta, the starting point is the Family Property Act, and the claim is made in the Court of King's Bench. Knowing when you can file, which form starts the claim and what you must disclose makes the first steps much less stressful.

This article walks through the timing rules, the starting forms, the sworn disclosure each side must give, and the protective steps available once a claim is underway. It is general information, not advice for your situation.

This article covers the law of Alberta.

When you can file a claim

For married spouses, a family property order can be made only in specified situations. These include after a divorce, nullity, judicial separation or declaration of irreconcilability, or when the spouses have lived separate and apart for a continuous period of at least one year. A claim can also be made where a spouse is transferring or gifting substantial property to defeat a claim, or is dissipating property.

Adult interdependent partners can obtain a family property order once they have become former adult interdependent partners. While still separate and apart, they can apply if the other partner is transferring property to defeat the claim or dissipating property. Living under one roof or sharing some household services does not prevent a finding of separation.

The Act applies to both spouses and adult interdependent partners. Spouses who were divorced, or who were living separate and apart, before January 1, 2020 generally stay under the old Matrimonial Property Act, except that sections 15 and 18 of the new Act apply if the event or separation was on or after February 1, 2012. For adult interdependent partners, the Act applies only if they had not begun living separate and apart, and had not become former partners, before January 1, 2020.

Deadlines you cannot ignore

For spouses, an application based on separation must be brought within 2 years after the date the spouses separated. Applications tied to a divorce, nullity, judicial separation or declaration of irreconcilability generally must be brought within 2 years of the decree or declaration.

Adult interdependent partners have 2 years from the date they knew, or should have known, that the relationship had ended.

• A single reconciliation period of up to 90 days is not counted when calculating time for spouses.
• For a claim against a transfer made to defeat a claim, the limit is 2 years from separation or 1 year after the transfer, whichever comes first.
• A surviving spouse or partner may apply after the other's death within 6 months of probate or administration being granted.

Because the exact start date can be disputed, it is worth getting advice early if you are anywhere near a deadline.

The forms that start the claim

A claim for division of family property is started by a Statement of Claim for Division of Family Property (Form FL-2), or Form FL-3 where it is combined with a divorce claim. The Court of King's Bench manual says it is filed with the FL-10 if property is at issue.

Which form applies depends on whether a divorce is being claimed at the same time as the property division. Court forms can change, so confirm the current forms and numbers on albertacourts.ca before you file.

Sworn disclosure of your property

Each party must file a sworn statement disclosing all their property wherever located, including property disposed of within one year before the application, and serve it on the other party. The form is the Family (Matrimonial) Property Statement, Schedule Form 1 of the regulation.

The Court of King's Bench Financial Disclosure Statement also includes a sworn itemized list of income, assets and liabilities (Schedule A) and a list of property you claim as exempt under section 7. Exempt property can include gifts from third parties and inheritances, and property acquired before the relationship.

• Recent statements for bank, investment and retirement accounts
• Land titles, vehicle and mortgage documents
• Pension plan information, which the Court must value even if it cannot be paid out directly
• Records of debts, which are considered when the Court decides whether an equal split is just and equitable
• Proof of gifts, inheritances or pre-relationship property you say is exempt
• Records of property sold or given away in the past year

Protective steps once a claim is started

• Household goods: once proceedings are started, a party who knows of them must not dispose of or encumber household goods or remove household items from the home without consent or a court order. Breaking this rule is an offence with a fine of up to $1,000.
• Land: a party who has started proceedings may file a certificate of lis pendens with the Registrar of Land Titles, and later instruments affecting the land are subject to that claim. The Act uses this term, not caveat.
• Restraining transfers: the Court can restrain a planned transfer or gift that could defeat a claim, even while the parties still live together, and can do so without notice to the other side.

If property was transferred to defeat a claim, the Court can order it returned, give a money judgment against the recipient, or count it as part of the transferor's share, in certain circumstances.

What to do next

• Write down your separation date and any reconciliation period, then work out your 2-year deadline.
• Gather documents for everything you own and owe.
• Check whether you and your former partner signed a property agreement, since a valid one can displace the Act.
• Confirm the current forms on albertacourts.ca.
• Speak with a lawyer before filing, especially if you worry property may be moved.

Frequently asked questions