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Category: Canada Law
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I am a common law spouse/widow living in Alberta but my spouse

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I am a common law spouse/widow living in Alberta but my spouse has a home in BC that we lived in together for 6 years. my name is XXXXX XXXXX the title and his family is trying to keep me out of the estate cause he didn't have a will. What can I do to get my vested interest out of that property?

You will need a BC lawyer to assist you regarding the home in BC, as only the BC court has any authority to make rulings about that property.

If you were a common law spouse, then you are entitled to half of the equity of the property that was acquired during your relationship. That is decided upon before any distribution of his estate, as the estate can only claim property that belonged to him, and a certain portion of this property belongs to you.

You can also be entitled to a portion of the property as your share of the inheritance. The estate may need to apply for probate in BC, as well as Alberta, if property is owned in both provinces. Both provinces provide that a common law spouse will be entitled to a certain portion of the estate automatically when his or her spouse does without a valid Will.

A lawyer is not mandatory for this but the law and procedure involved is not simple and an experienced family law lawyer will be very useful. We are not allowed to refer you to specific lawyers here due to site policies. But the BC branch of the Canadian Bar Association has a free referral service and they have information on that at their web site. And if there is significant property of the deceased in Alberta, then you may also want to speak with an Alberta lawyer that is familiar with estates. The Law Society of Alberta has a free lawyer referral service. Both programs offer a free or low cost initial consultation with any lawyer referred and you would have no obligation o hire any lawyer referred.

I hope this is helpful. If you have no further questions, please rate the answer positively, as otherwise the site does not credit me, even if you have paid a deposit. You can still ask follow up questions after rating though, if you wish.
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Customer: replied 3 years ago.

does more info cost more money

You can ask further questions here. I will try to assist. If you rate the additional replies with a positive rating then you are charged again. If it is a simple follow up there is no need to rate again. If it is more involved then I would appreciate a further positive rating from you or I get no credit for the additional time on your matter, but it is your choice whether to provide that rating or not.