Exempt property in an Alberta divorce includes assets acquired before the marriage, inherited assets, gifts from third parties, awards or settlements for damages in tort, and proceeds from insurance policies.
Until there is such as Order, both of you have the right to live in the home. The Judge may grant you sole possession of the matrimonial home even if the home is in your spouse's name.
You and your spouse or partner are required to divide matrimonial property that has accumulated over your marriage. Some property may be exempt. Some property might be shareable on an other-than-50/50 basis. Most property and debt are divided 50/50.
The deceased owned property jointly with someone and the property automatically falls to the surviving owner.
The Partition Act, 1868, was passed specifically to provide the courts with the alternative remedy of sale in those cases where physical partition was impractical. D.L.R. (3d) 159 there was an application for partition or sale of the matrimonial home.