Exemptions and Cohabiting – Issues Under the New Family Property Act

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Author: Tina Huizinga

This paper explores how the January 1, 2020 coming into force of the Family Property Act (FPA) affects the requirements for establishing exemptions of pre-relationship assets.

The paper discusses how the language of the FPA creates challenges for establishing valuation dates and examines how case law from various jurisdictions have dealt with such issues as a starting point to assess how Alberta courts may move forward in looking at these issues with the implementation of the FPA.

This paper is part of a collection presented at LESA’s Family Property Act program in Calgary on November 13, 2019 and in Edmonton on November 22, 2019.

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