Breakups are tough, and figuring out how to divide property after a relationship ends can make things even harder. In Alberta, the rules for dividing property between unmarried partners changed in 2020, offering a clearer and fairer process for those in committed relationships who aren’t married. Let’s break down what this means and how this common law in Alberta could apply to you.
- What’s Changed Since 2020?
- Types of Relationships Covered in This Common Law in Alberta
- Making a Claim for Property Division
- FAQs
What’s Changed Since 2020?
Before 2020, dividing property between unmarried partners—like common-law couples—was often confusing, stressful, and expensive. But thanks to changes in Alberta’s family law, adult interdependent partners now have the same property division rights and protections as married couples. This change brought a major shift in how property like homes, cars, and savings are handled when these relationships end.
Types of Relationships Covered in This Common Law in Alberta
In Alberta, property division rules now apply to a broader range of relationships, ensuring fairness and clarity when committed partners decide to part ways. Let’s explore the types of relationships covered and how the rules work.
Adult Interdependent Partners
In Alberta, “adult interdependent partners” refers to two people in a committed relationship who aren’t married but still share their lives, finances, and responsibilities. The term adult interdependent relationships in Alberta covers a variety of committed partnerships, including:
- Romantic, marriage-like relationships where partners have been living together for at least three years, or less if you have a child together.
- Non-romantic partnerships, such as two friends or roommates who rely on each other.
- Family members (related by blood or adoption) who have signed an adult interdependent partner agreement.
- Relationship of some permanence, where you’re emotionally and financially connected, like sharing a home or supporting each other.
Since 2020, adult interdependent partners enjoy the same property division rules and protections as married spouses. If you’re not sure whether your relationship qualifies, it’s wise to consult a lawyer for clarification.
Adult Interdependent Relationships Act
The Adult Interdependent Relationships Act outlines several factors to determine if two people function as a shared economic and domestic unit. These factors include:
- Exclusivity of the relationship: Are they committed solely to each other?
- Household activities and living arrangements: How do they manage their home and daily life together?
- Public perception: Do they present themselves as a couple or unit to others?
- Mutual contributions: How do they support each other’s well-being, emotionally or financially?
- Financial interdependence: Are they financially reliant on or supportive of each other?
- Care and support of children: If applicable, how do they co-parent or care for dependents?
- Ownership and use of property: How do they manage and share their assets?
For individuals related by blood or adoption, the only way to become adult interdependent partners is by signing an adult interdependent partner agreement.
Married Spouses
For married couples, an important change in the law affects those who lived together in a relationship of interdependence before getting married. Now, property division rules apply to the entire duration of the relationship—not just the time spent legally married.
Spouses still have the option to “opt out” by creating their own property division agreement. If no such agreement is made, the rules automatically apply to property acquired after the relationship began.
Making a Claim for Property Division
Under the Family Property Act (earlier known as Matrimonial Property Act), adult interdependent partners can file a claim for property division within two years of realizing their relationship has ended.
If you already had a property division agreement before these changes, don’t worry—it’s still valid as long as it followed the rules at the time it was signed.
FAQs
What Qualifies as a Common-Law Partner in Canada?
A common-law partner is someone you cohabit with, sharing a household and combining your affairs. To qualify:
- You must have lived together for at least one year in a conjugal relationship.
- This definition is recognized across all federal government programs.
Am I Responsible for My Common-Law Partner’s Debt in Alberta?
In Alberta, you are generally not responsible for your partner’s debts unless:
- You co-signed or jointly agreed to the debt.
- If both names are on the debt and one person defaults, the other can be held fully responsible.
How Much Does a Cohabitation Agreement Cost in Alberta?
Here’s a breakdown of the typical costs for various agreements:
| Agreement Type | Without Children | With Children |
| Cohabitation Agreement | $2,195 | $2,495 |
| Prenuptial Agreement | $2,195 | $2,495 |
| Postnuptial Agreement | $2,195 | $2,495 |
| Independent Legal Advice (ILA) | $595 | $675 |
Note: Costs may vary depending on the complexity of your case and the legal service provider.
How Do You Prove a Common Law Relationship in Alberta?
To prove a common-law relationship in Alberta, you’ll need documentation showing that you and your partner share a life together. This could include:
- Shared ownership of residential property (e.g., both names on the title or mortgage).
- Joint leases or rental agreements.
- Bills for shared utility accounts, such as gas, electricity, or water.
- Important documents with the same address, such as driver’s licenses, tax returns, or bank statements.
- Identification documents showing both partners reside at the same address
How to Register as Common Law in Alberta?
To register a common-law relationship, you can complete a statutory declaration of common-law union. This requires:
- Living together for at least three years or having a child together.
- Being in a mutually interdependent relationship, which involves sharing your lives, supporting each other financially and emotionally, and functioning as a domestic unit.
That wraps up our guide to common law in Alberta to divide property between unmarried partners. Thankfully, Alberta’s updated rules make property division simpler and fairer for unmarried couples. If you’re feeling unsure about where you stand or need help sorting things out, don’t hesitate to reach out to a lawyer.
Hope this guide helped you through the process!
For more on recent legal developments in Alberta, check out our coverage of the lawsuit against Alberta Health Services.
