This regulation requires a disclosure statement to list full details of all real and personal property and to use Form 1, and it requires a certificate of lis pendens to use Form 2.
(Consolidated up to 218/2022) ALBERTA REGULATION 13/99 Family Property Act FAMILY PROPERTY REGULATION Form of disclosure statement 1 For the purposes of section 31 of the Family Property Act , a statement disclosing the particulars of the property of a spouse or adult interdependent partner must (a) show the full particulars of all real and personal property of that spouse or adult interdependent partner whether the property is situated in Alberta or elsewhere, and (b) be in Form 1 set out in the Schedule. AR 13/99 s1;177/2010;156/2019 Form of certificate of lis pendens 2 A certificate of lis pendens filed under the Family Property Act must be in Form 2 set out in the Schedule. AR 13/99 s2;156/2019 Repeal 3 The Matrimonial Property Regulation (AR 458/78) is repealed. 4 Repealed AR 145/2018 s2. Schedule Form 1 Family (Matrimonial) Property Statement [ Section 31 Family Property Act ] Clerk’s stamp: COURT FILE NUMBER COURT Court of King’s Bench JUDICIAL CENTRE PLAINTIFF (DEFENDANT BY COUNTERCLAIM) DEFENDANT (PLAINTIFF BY COUNTERCLAIM) DOCUMENT FAMILY (MATRIMONIAL) PROPERTY STATEMENT OF (Indicate name of party providing statement) ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT I, (name) , the (Plaintiff or Defendant) in this action, hereby swear or affirm that: 1. Pursuant to section 31 of the Family Property Act (formerly Matrimonial Property Act ), the following is a statement disclosing particulars of all property in which I have an interest in Alberta and elsewhere, including property disposed of within one year before the statement of claim was filed in this action: Asset (in or out of Alberta) Nature of Interest/ Location Date Acquired & Purchase Price Current Market Value (Estimated) 1. Real Estate (List any interest in land, including leasehold interests and mortgages, whether or not you are registered as owner. Provide legal descriptions and indicate estimated market value of your interest without deducting encumbrances or costs of disposition.) (Record encumbrances under debts.) 2. Vehicles (List cars, trucks, motorcycles, trailers, motor homes, boats, etc.) 3. Financial Assets (List savings and chequing accounts, cash, term deposits, GICs, stocks, bonds, Canada Savings Bonds, mutual funds, insurance policies (indicate beneficiaries), accounts receivable, securities, etc.) 4. Pensions and RRSPs (Indicate name of institution where accounts are held, name and address of pension plan and pension details.) 5. Corporate/ Business Interests and Trust Interests (List any interest you hold, directly or indirectly, in any corporation, unincorporated business, partnership, trust, joint venture, etc.) 6. Other (List anything else of value that you own, including money owing to you, precious metals, collections, works of art, jewellery or household items of high value, tools.) Debt Particulars/ Name on Debt Date Incurred Balance Owing 1. Secured Debts (List all mortgages, lines of credit, car loans and any other debt secured against an asset that you own. Include name of creditor/lender.) 2. Unsecured Debts (List all bank loans, personal loans, lines of credit, overdrafts, credit cards and any other debts that you have. Include name of creditor/lender.) 3. Other (List any other debts that you have, including debts for income taxes or other forms of tax. Include name of creditor.) 2. I am claiming the following exemptions in the amounts and for the reasons indicated: SWORN BEFORE ME at the of ) , in the Province of Alberta, the ) day of , .) ) (Commissioner for Oaths ) in and for the Province of Alberta) ) Form 2 Certificate of Lis Pendens Family Property Act COURT FILE NUMBER Clerk’s Stamp: COURT OF KING’S BENCH OF ALBERTA JUDICIAL CENTRE PLAINTIFF(S) DEFENDANT(S) DOCUMENT CERTIFICATE OF LIS PENDENS ADDRESS FOR SERVICE AND CONTACT INFORMATION OF PARTY FILING THIS DOCUMENT To: Registrar of Land Titles This is to certify that proceedings have been taken in the Court of King’s Bench of Alberta, Judicial Centre of , Court File No. under the Family Property Act (formerly Matrimonial Property Act ) in which the Plaintiff or Plaintiff by Counterclaim, (name) , claims an interest in the following lands: (insert full legal description) __ and no instrument purporting to affect lands in respect of which this certificate of lis pendens is filed shall be registered unless the instrument is expressed to be subject to that claim. Dated at (municipality) , Alberta, this day of , 20 . (Court Clerk) AR 13/99 Sched.;177/2010;227/2011/156/2019;218/2022