Cecily Zamora
In Alberta, common law relationships are legally recognised as adult interdependent partnerships (AIP) under the Adult Interdependent Relationships Act (AIRA). To qualify as an AIP, a couple must live together for three years, have a child, or sign an Adult Interdependent Partner agreement. AIP partners have similar rights to married couples regarding property, inheritance, and decision-making. Since 2020, the Family Property Act has extended the same property division rules to AIP partners as those applied to married spouses. While the term common law is no longer used in Alberta's legal system, it generally refers to couples who are not legally married but live together and function as an economic and domestic unit.
| Characteristics | Values |
|---|---|
| Time period | Couples qualify to be in an Adult Interdependent Partnership (AIP) if they live together for 3 years. |
| Child | If the couple has a child together, they qualify as AIP. |
| Adult Interdependent Partner agreement | If the couple signs an Adult Interdependent Partner agreement, they qualify as AIP. |
| Division of property | Property acquired in a common-law relationship is generally considered shared property and subject to equal division upon separation. |
| Inheritance | A common-law partner obtains the same inheritance as a married partner when someone dies without a will. |
| Dependents relief | Common-law partners have the same right to dependents relief as married partners. |
| Dower rights | Common-law partners have no dower rights. |
| Cohabitation agreement | Common-law partners can enter into a cohabitation agreement that sets out their rights and obligations. |
| Spousal support | Common-law partners can bring a claim for spousal support under the Family Law Act. |
| Child support and child custody | The laws relating to child support and child custody are the same for married couples and common-law couples. |
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What You'll Learn
Common-law partners have similar inheritance rights
In Alberta, common-law couples are called "Adult Interdependent Partners" (AIPs). AIPs are expected to function as an economic and domestic unit, and the relationship can be sexual or platonic. To be recognised as an AIP, couples must meet one of the following criteria:
- Live together for three years.
- Have a child together.
- Sign an Adult Interdependent Partner agreement.
AIPs have similar rights to married couples, including spousal and child support, property division, insurance, taxation benefits, and inheritance rights.
Upon the death of one partner, the surviving partner in an AIP stands to inherit from the deceased's estate. This is outlined in the Wills and Succession Act, which gives a common-law partner the same inheritance and dependent's relief as a married partner. However, it is important to note that dower rights, which give a surviving spouse the right to live in the home they shared with their deceased spouse for the rest of their lives, only apply to married couples.
If an AIP relationship ends, property is divided similarly to how it would be for a married couple. Each partner keeps the property they brought into the relationship, as well as personal property such as gifts and inheritances. The rest of the property is divided fairly, but not necessarily equally, based on each partner's situation and the type of property.
It is important to note that the property division rules for common-law relationships in Alberta have changed over time. Since 2020, the Family Property Act has applied to both married couples and AIPs, allowing adult interdependent partners to make claims for property division within two years of their relationship ending. Prior to this, common-law partners were subject to common-law principles for property division, such as unjust enrichment, which could be a lengthy and complex legal process.
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Property division rules for common-law relationships
In Alberta, a common-law relationship is called an "Adult Interdependent Partnership" (AIP) under the 2003 Adult Interdependent Relationships Act. Couples qualify as an AIP if they live together for three years, have a child, or sign an Adult Interdependent Partner agreement.
AIPs share similar rights to married couples regarding property, inheritance, and decision-making. However, there is no automatic right to property division when a common-law relationship ends. Each party keeps what they own, and joint property is shared equally. If one partner is dissatisfied with this outcome, they can petition the court on the grounds of unjust enrichment, which is a lengthy and complicated legal process.
The Family Property Act, which came into effect on January 1, 2020, governs the division of property upon the termination of a marriage or common-law relationship (AIP). This Act outlines the principles and procedures for dividing assets and liabilities acquired during the relationship. It is important to note that assets owned prior to the relationship, gifts from third parties, inheritances, and certain insurance claims are generally considered exclusive property and are not subject to division. However, any increase in the value of these excluded assets is considered divisible property.
The Act also allows for flexibility in property division, as outlined in Section 8, which states that a court may order an unequal division based on factors such as the length of the relationship, contributions made by each party, and any economic disadvantages suffered due to the relationship or its breakdown.
Additionally, adult interdependent partners can enter into agreements, such as prenuptial or cohabitation agreements, to determine their own terms for property division rather than following the default rules set out in the Family Property Act. These agreements can be made before or during the relationship and must be done in consultation with a lawyer to ensure enforceability.
It is worth noting that the applicable property division rules depend on the date of separation. Cases brought to trial may involve the former act, the Adult Interdependent Relationships Act, rather than the Family Property Act. Therefore, it is advisable to consult a lawyer to understand the specific rules that apply to an individual's circumstances.
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Common-law relationship ends when partners separate
In Alberta, a common-law relationship is referred to as an "Adult Interdependent Partnership" (AIP). Since 2003, the province has used this term instead of "common-law" to refer to non-marital relationships with legal recognition. When an AIP ends, partners must navigate the separation process, which can be complex, especially when it comes to matters such as property division and parental responsibilities.
There are a few ways to indicate the end of an AIP under Alberta family law. One way is to get married, as a marriage automatically ends an AIP. Another way is for the partners to sign an agreement stating that they are no longer AIP. In some cases, declarations of irreconcilability may be required. It is important to note that ending an AIP requires either a mutual agreement or a legal process such as annulment.
When it comes to property division, each party in an AIP typically keeps their own assets, while joint property is shared equally. However, if one partner is not satisfied with this distribution, they can apply to the court on the grounds of unjust enrichment, although this is a lengthy and complex legal process. Alternatively, partners can enter into a cohabitation agreement before or during the relationship to set out their rights and obligations regarding property division in the event of a breakdown.
It is worth mentioning that, as of January 1, 2020, the property division rules for common-law relationships in Alberta changed with the transition from the Matrimonial Property Act to the Family Property Act. Under the new legislation, adult interdependent partners have similar rights to married couples regarding property division. Each partner must disclose their financial information, and then the parties can discuss the fair division of assets and debts.
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Common-law partners can claim financial support
In Alberta, a common-law relationship is called an "Adult Interdependent Partnership" (AIP). Couples qualify as an AIP if they live together for three years, have a child, or sign an Adult Interdependent Partner agreement.
AIP partners have similar rights to married couples in terms of property, inheritance, and decision-making. However, there is no automatic right to property division when a common-law relationship ends. Each party keeps what they own, and joint property is shared equally. If one partner is not satisfied with this result, they can apply to the court on the grounds of unjust enrichment, but this is a lengthy and complex legal process.
To prove a common-law relationship in Alberta, you need to demonstrate that you meet the criteria outlined in the Adult Interdependent Relationships Act (AIRA). This can be done by showing evidence of cohabitation for at least three continuous years in a marriage-like relationship, having a child together (by birth or adoption), or signing an Adult Interdependent Partner Agreement (AIPA).
It is important to note that the process of proving a common-law relationship can be emotionally taxing and financially burdensome, especially if complications arise. Seeking legal advice can provide clarity and security, ensuring that both partners' rights and obligations are properly addressed.
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Common-law couples are considered adult interdependent partners
In Alberta, common-law couples are considered adult interdependent partners. This is a formal recognition of their relationship under provincial law, specifically the Adult Interdependent Relationships Act (AIRA). The term "adult interdependent partner" is used in place of "common-law partner", but they hold very similar rights and responsibilities.
To be recognised as an adult interdependent partner, a couple must meet one of the following criteria: they have lived together in a relationship of interdependence for at least three years; they live together with some permanence and have a child together; or they have signed an Adult Interdependent Partner agreement. This agreement can be particularly important for those who are not in a romantic or conjugal relationship, as it helps to secure legal rights and protections for both partners. For example, two people who are emotionally and financially interdependent, such as close friends or certain family members, can qualify as long as they meet the criteria for cohabitation and interdependence.
The Adult Interdependent Relationships Act gives common-law partners similar rights to married couples in terms of property, inheritance, and decision-making. For instance, under the Alberta Wills and Succession Act, a common-law partner has the same inheritance as a married partner when someone dies without a will. They also have the same right to dependents' relief, such as child or spousal support from an estate. However, there are some differences, such as the lack of dower rights for common-law partners.
In terms of property division, the Family Property Act, which came into force on January 1, 2020, extended the same property division rules to adult interdependent partners as those applied to married spouses. This means that property acquired during a common-law relationship is generally considered shared property and subject to equal division upon separation.
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Frequently asked questions
A common-law relationship in Alberta is a legally recognised partnership between two people who are not married but live together and function as an economic and domestic unit.
Traditionally, couples must have been together for three years to prove common-law status in Alberta. However, there are some exceptions to this rule. For example, if you have a child together, or sign an Adult Interdependent Partner agreement, you may be able to achieve common-law status sooner.
In Alberta, common-law partners have similar inheritance rights to married couples, and can claim spousal support. Since 2020, common-law partners have also had the same rights as married couples when it comes to the division of property.
A common-law relationship ends when the partners cease living together, marry someone else, or sign an agreement to end their adult interdependent relationship.
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