If you cannot agree on how to divide your property after a separation, you can ask the court to decide.
Going to court to divide your property is a two-step process. First you must file a Statement of Claim with the Court of King’s Bench. If you then want the court to make an order about your property, you must apply for a court order.
Remember, getting a court order takes time and money. You should try to resolve the issue with the other person first. Going to court should always be your last resort.
On this page, “partner” refers to an adult interdependent partner and “unmarried couple” refers to a couple who was not married and not adult interdependent partners.
Need to know
- Going to court takes time and money and should always be your last resort.
- The court process for dealing with property division is different than dealing with other family issues like parenting and support.
- Most claims about dividing property must be filed in the Court of King’s Bench.
- The process for filing a claim to divide property depends on which law applies to you.
- The court makes an order dividing property based on the financial information you share with each other and the rules for dividing property.
Get started
Learn the basics about the rules for dividing everything up before you start a claim to divide your property.
Then, there are a few other things you should do to get started.
Figure out which law to use
Both Alberta’s Family Property Act and general property principles apply to dividing property. Which law you use depends on the legal status of your relationship.
Guided pathway
Not sure which court and law to use? Find out!
Note the deadlines for going to court
If you must go to court, there are deadlines for doing so:
- Partners and unmarried couples have two years from their separation date to apply to court to divide assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans..
- Spouses have two years from the date the court grants their divorce to apply to court to divide assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans.. You can also apply anytime before then, including while you’re still married.
Try to resolve the issue outside of court
Filing a claim only starts the court process. Once you start a claim, you and the other person can try to resolve the issue by making an agreement or with the help of a legal professional outside of court. In fact, usually the court likes to see you have tried to resolve the issue before you ask them to make an order.
If you have property outside Alberta
An Alberta court can only deal with property in Alberta. It can divide property in Alberta in a way that considers how you might divide your property outside Alberta.
If you and the other person cannot agree on how to divide your property outside Alberta, you may have to ask the court in the province or country where the property is for an order dividing it according to the laws of that place.
Use general property principles in the Court of Justice
This process is only for unmarried couples who are dividing personal propertypersonal property Any property a person owns that is not real estate. Examples include vehicles, furniture, bank accounts and clothes. worth $100,000 or less. If you are dividing personal propertypersonal property Any property a person owns that is not real estate. Examples include vehicles, furniture, bank accounts and clothes. worth more than $100,000, you can either:
- waive (not claim) the amount over $100,000, or
- follow the process using general property principles in the Court of King’s Bench.
If you are dividing real estate, you must follow the process using general property principles in the Court of King’s Bench.
The plaintiffplaintiff The person who files a Statement of Claim with the court. is the person who files a Civil Claim. The defendantdefendant The person who responds to the plaintiff’s Statement of Claim. is the person who responds to the Civil Claim.
- Complete a Civil Claim. Find this form and the others listed below on the Court’s website. Under the Reasons for the Claim section, choose “Return of Personal Property (Replevin)” and complete Attachment (K), which automatically adds on to the Civil Claim form.
- Make three copies of the form: one for you, for one for the court and one for the defendantdefendant The person who responds to the plaintiff’s Statement of Claim..
- File your form at the Court of Justice location nearest you. Go to the civil counter at the courthouse.
- Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
- Serve a copy of your filed form and a blank Dispute Note on the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. within one year after you file the claim. Complete and file an Affidavit of Service of Commencement Documents to prove you served the defendantdefendant The person who responds to the plaintiff’s Statement of Claim..
- You will get copies of the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.’s filed court forms, if they respond.
- If the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. files a counterclaim to bring up new issues that you did not mention in your Civil Claim, you can respond. You are the plaintiffplaintiff The person who files a Statement of Claim with the court. for the original claims you made and the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.-by-counterclaim for the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.’s claims in the counterclaim. Complete and file a Dispute Note to Counterclaim.
- File your new forms at the same court and using the same file number as your Civil Claim. The court will send a copy of the Dispute Note to Counterclaim to the defendantdefendant The person who responds to the plaintiff’s Statement of Claim..
- The court will send you further directions. You can also try to settle the claims with the defendantdefendant The person who responds to the plaintiff’s Statement of Claim..
- You will get copies of the plaintiffplaintiff The person who files a Statement of Claim with the court.’s filed court forms. Do not ignore them. Note what you must do and by when.
- Complete a Dispute Note to respond to the plaintiffplaintiff The person who files a Statement of Claim with the court.’s claims. Find this form and the others listed below on the Court’s website.
- If you want to bring up new claims the plaintiffplaintiff The person who files a Statement of Claim with the court. did not mention in their Civil Claim, you can make a counterclaim. Check the box “with Counterclaim” at the top of the Dispute Note. You are the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. for the plaintiffplaintiff The person who files a Statement of Claim with the court.’s claims and the plaintiffplaintiff The person who files a Statement of Claim with the court.-by-counterclaim for the claims you make in the counterclaim.
- Make three copies of the form: one for you, one for the court and one for the plaintiffplaintiff The person who files a Statement of Claim with the court..
- File your forms at the same courthouse and using the same court file number as on the plaintiffplaintiff The person who files a Statement of Claim with the court.’s forms.
- Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
- The court will send a copy of the Dispute Note to the plaintiffplaintiff The person who files a Statement of Claim with the court..
- If you filed a counterclaim, you will also get a copy of the plaintiffplaintiff The person who files a Statement of Claim with the court.’s Dispute Note to Counterclaim.
- The court will send you further directions. You can also try to settle the claims with the plaintiffplaintiff The person who files a Statement of Claim with the court..
Use the Family Property Act or general property principles in the Court of King’s Bench
This process is for:
- spouses and partners applying to divide property under the Family Property Act
- unmarried couples who are dividing personal propertypersonal property Any property a person owns that is not real estate. Examples include vehicles, furniture, bank accounts and clothes. worth more than $100,000 or real estate using general property principles
The plaintiffplaintiff The person who files a Statement of Claim with the court. is the person who files the Statement of Claim. The defendantdefendant The person who responds to the plaintiff’s Statement of Claim. is the person who responds to the Statement of Claim.
Filing a Statement of Claim only starts the court process, which then gets very complicated. Usually, you need a trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved. to deal with dividing property. You can apply to court for an exclusive possession of the family home order or sometimes an interim order to divide property without a full trialtrial A court appearance that resolves all outstanding legal issues in a court cases. A trial includes hearing oral evidence from witnesses and can take several days depending on the issues to be resolved..
In this situation, it’s best to get legal help.
Below is the process for filing a Statement of Claim only.
- Complete a Statement of Claim. Which Statement of Claim you use depends on your relationship and what legal steps you have taken.
- If you are filing for divorce at the same time: Statement of Claim for Divorce and Division of Family Property
- If you have already filed for divorce or are not yet filing for divorce: Statement of Claim for Division of Family Property
- If you were partners: Statement of Claim for Division of Family Property
- If you were not married and not partners: Statement of Claim (civil) – find it on the Alberta Courts’ website
- Make three copies of each form: one for you, one for the court and one for the defendantdefendant The person who responds to the plaintiff’s Statement of Claim..
- File your forms at the Court of King’s Bench.
- If you are using general property principles, go to the civil counter at the Court of King’s Bench location nearest you. The court clerk will give you a file number.
- If you have already been to Court of King’s Bench to deal with other separation issues, like support or parenting time, use the same file number and courthouse as before.
- If you have already been to the Court of Justice to deal with other separation issues, you must file your Statement of Claim in the Court of King’s Bench location closest to you. The court clerk will give you a new file number in the Court of King’s Bench.
- If you have not yet been to court to deal with separation issues, choose the Court of King’s Bench location closest to you. The court clerk will give you a new file number.
- Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
- Serve a copy of your filed forms on the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.. If you are also filing for divorce, you cannot serve the documents yourself. Complete and file an Affidavit of Service to prove you served the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.. Find this form on the Alberta Courts’ website.
- You will get copies of the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.’s filed court forms, if they respond.
- If the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. files a counterclaim to bring up new issues that you did not mention in your Statement of Claim, you can also respond. You are the plaintiffplaintiff The person who files a Statement of Claim with the court. for the original claims you made and the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.-by-counterclaim for the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.’s claims in the counterclaim. Which Statement of Defence you use depends on the process you started:
- If you filed to divide property only OR for divorce and to divide property: Statement of Defence
- If you filed in civil court: Statement of Defence (civil)- find it on the Alberta Courts’ website
- File your new forms at the same court using the same file number as your Statement of Claim. Serve the documents on the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. and complete and file another Affidavit of Service to prove you did this.
Below is the process for responding to the plaintiffplaintiff The person who files a Statement of Claim with the court.’s Statement of Claim only.
- You will get copies of the plaintiffplaintiff The person who files a Statement of Claim with the court.’s filed Statement of Claim. Do not ignore them. Note what you must do and by when.
- Complete a Statement of Defence to respond to the plaintiffplaintiff The person who files a Statement of Claim with the court.’s claims. Which form you use depends on which process the plaintiffplaintiff The person who files a Statement of Claim with the court. started.
- If the plaintiffplaintiff The person who files a Statement of Claim with the court. filed to divide property only OR for divorce and to divide property: Statement of Defence
- If the plaintiffplaintiff The person who files a Statement of Claim with the court. filed in civil court: Statement of Defence (civil)
- If you want to bring up new claims the plaintiffplaintiff The person who files a Statement of Claim with the court. did not mention in their Statement of Claim, you can make a counterclaim. You are the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. for the plaintiffplaintiff The person who files a Statement of Claim with the court.’s claims and the plaintiffplaintiff The person who files a Statement of Claim with the court.-by-counterclaim for the claims you make in the counterclaim.
- If the plaintiffplaintiff The person who files a Statement of Claim with the court. filed for divorce and to divide property: Counterclaim for Divorce and Division of Family Property
- If the plaintiffplaintiff The person who files a Statement of Claim with the court. filed to divide property only as a spouse or partner: Counterclaim for Division of Family Property
- If the plaintiffplaintiff The person who files a Statement of Claim with the court. filed in civil court: Counterclaim (civil) – find it on the Alberta Courts’ website
- Make three copies of your forms: one for you, one for the court and one for the plaintiffplaintiff The person who files a Statement of Claim with the court..
- File your forms at the same courthouse and using the same court file number as on the plaintiffplaintiff The person who files a Statement of Claim with the court.’s forms.
- Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
- Serve a copy of your filed forms on the plaintiffplaintiff The person who files a Statement of Claim with the court.. Complete and file an Affidavit of Service to prove you served them by the deadline. Find this form on the Alberta Courts’ website.
- If you filed a counterclaim, you will also get a copy of the plaintiffplaintiff The person who files a Statement of Claim with the court.’s Statement of Defence to your counterclaim.
Potential issues
One person is not responding to the Statement of Claim.
You can ask the court to note the person in defaultnote in default Direction from the court to continue a court proceeding based on one party’s documents even though the other party has not responded to the proceeding. The party can ask the court to note the other party in default after proving they properly served the other party with the court documents. after proving in an Affidavit of Service that you properly served the documents on the other person and that their deadline to respond has expired without them filing a Statement of Defence or Demand for Notice.
You are running out of time to file a claim with the court.
It is a good idea to start a claim before the deadline so you can get the court’s help at some point if needed. You and the other person can still work towards an agreement on your own without asking the court for an order.