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Under the standard real estate contract in use in Alberta, you are. However, it is negotiable and be careful if there are installment payments due after your intended sale. Special assessments are generally issued top up an inadequate reserve fund or to pay for an unexpected expense. The buyer will enjoy those benefits.

As 2022 draws to a close, our team at GOOD LAW LLP would like to wish you, your family, and your friends health and happiness during the holiday season and in the year ahead. We also want to share with you that we are proud to announce that we have welcomed a new lawyer to our firm: Michelle Roe, previously practicing in St. Albert for a number of years, has come on board and can assist you with real estate, as well as family and wills and estates matters, including those that may require litigation.  We look forward to working with you in the new year. Merry Christmas!

Court Orders or Divorce Judgments that deal with support payments must include a MEP clause; the Court will not grant your divorce without the MEP clause. Just because there is a MEP clause in the Divorce Judgment, it does not mean you are required to register with MEP. The payee or payor has the option to register the Divorce Judgment now or at a later date, if they wish. If support is being paid per the Divorce Judgment, the parties may decide to hold off on registering with MEP. If there are ever issues with missed or late support payments from the payor, then registering with MEP may be useful. If you decide to register with MEP, a file is created and payments made or outstanding are recorded. This can be useful for both the payor and the payee. For more information, click here or consult a family lawyer.

The Albert Recalculation Program can help! Since 2015, all Child Support Orders granted in Alberta must state whether or not the Child Support Recalculation Program applies to that Order. The goal of the Recalculation Program is to help parents keep child support levels in line with their incomes, so that families can avoid the time and expense of going to court to review their Child Support Orders. Either parent can register for the Program. Once registered, each parent will provide the Program with their income on a yearly basis. There are consequences if a parent does not provide their income to the Program. For more information go to https://www.alberta.ca/rp-how-it-works.aspx . If the Child Support Recalculation Program does not apply to your Child Support Order, contact us at GOOD LAW at (780) 459-0133 to find out more.

Research shows there are three preconditions for positive change. First, something must motivate an individual to want to change. Second, a different relationship that creates psychological safety and empathy must exist (like with a divorce coach). Third, there must be optimal anxiety – the right amount of discomfort in the current situation to want to move forward, without being paralyzed in place. When supporting someone you know or if you yourself are going through divorce, these factors are important to keep in mind. The Collaborative Process uses specially trained lawyers and other professionals like coaches and family specialists, who recognize the importance of seeing divorce more holistically and who can help you to make positive change happen, looking to the future well-being of you and your children. For more information on the Collaborative Process, please visit our website or contact us.

Are you going through a divorce or separation? Have you heard of the Collaborative Process? The Collaborative Process is a revolutionary way of dealing with separation and divorce and offers couples an effective and dignified alternative to the traditional court process for navigating through one of life’s most challenging and emotionally charged times. If you are wanting to proceed with the Collaborative Process or are looking to find out information about the Collaborative Process, call us and we can book a FREE 5-minute call with one of our specially trained Registered Collaborative Family Lawyers. The purpose of the call is to give you an overview of the Collaborative Process, explain the service we provide and help you decide if it’s a right fit for you and your spouse.

Owning a Condo can be great, but before you invest, make sure to do your due diligence! The following are a few of the many things to look for before signing that contract: The Condo Board Meeting Minutes - find out what has come up at past meetings; The Condo Reserve Funds - check the financial status of the Condo Association/Corporation; Check the Bylaws- g. is the size of your pet going to be an issue; The Estoppel Certificate- to find out what the current condo fees and payment schedule are and whether there are any special levies is; The Condo Association’s Budget and Financial Statements - find out what the Condo Association/Corporation is spending their budget on. If after reviewing the above and any other documents and you have concerns or don’t understand, ASK QUESTIONS!

Unless you have already negotiated a hold back in your Real Estate Contract, you cannot unilaterally withhold money from the cash required to complete the purchase. Immediately ask your lawyer to request a hold back with a specific time limit and specific conditions for the completion of the roof work. If the request for a hold back is refused and the repairs are not completed, you have the right to sue the seller in Court for damages.

You can if they have an Enduring Power of Attorney and a Personal Directive. Both documents work together to allow an appointment of a decision-maker when and if they become mentally incapable. A Personal Directive deals with an individual’s medical decisions, end of life care, and consent for placement in long-term care, among other things. Without it, a friend or family member may have to make an application to the Court of King’s Bench to be appointed as their guardian. An Enduring Power of Attorney deals with an individual’s decisions regarding finances and property.  It may be effective immediately or on mental incapacity or physical infirmity. Without it, a family member may have to make an application to the Court of King’s Bench to be appointed as their trustee.  Even where spouses hold their property in joint names, this authority is often necessary. To learn more about planning your estate, please contact us to find out more.

When buying a new home, there are a lot of moving parts to consider. While looking ahead to a new home is very exciting, carefully consider the time you will need to get it all done. Think about the sale of your current home (if applicable), as well as the time needed to get a home inspection and to get approved for mortgage financing. Keep in mind that it takes time for a financial institution to send mortgage instructions to your real estate lawyer after approving you, for your lawyer to be able to prepare documents for your review and to have you in to sign them. If you are separating, you will need time to ensure that you get a separation agreement in place before you are approved for financing. Finally, consider things like the timing of the closing day: is it on a weekend or a statutory holiday? If so, time may feel more compressed.  Being proactive in thinking about these things will make a busy and exciting time go much more smoothly. If you’d like more tips, please contact us. We’re happy to help!