Cecily Zamora
In Alberta, a couple is considered to be in a common law relationship when they have lived together for three or more years, have a child together, or have entered into an Adult Interdependent Partnership (AIP) agreement. People in common-law relationships enjoy similar rights to married couples, but there are some differences. For example, common-law couples may have property division rights after separation, but these rights may differ depending on when the couple separated and which regime applies. Additionally, common-law partners may have inheritance rights upon the death of their partner, but these rights are not guaranteed and may depend on various factors. Understanding common-law rights in Alberta is important for protecting assets and ensuring fair division of property and responsibilities in the event of a relationship breakdown.
| Characteristics | Values |
|---|---|
| Definition of common-law relationship | A couple is considered "common law" or is seen as an Adult Interdependent Partner (AIP) when they have lived together for three or more years, have lived together with some degree of permanence and have a child together, or have entered into an Adult Interdependent Partner agreement. |
| Rights of common-law couples | Common-law couples have rights during the dissolution of their relationship or the passing of one of the partners. These rights include property division, child support, spousal support, and inheritance. |
| Property division rules | The Family Property Act covers property division for both married and common-law couples. Common-law couples can divide property under case law or new legislation, depending on when they separated. |
| Proving common-law status | Common-law status can be proven through documentation such as utility bills, lease agreements, joint bank account statements, and affidavits from friends or family members. |
| Age requirement | Individuals must be at least 16 years old to enter into an Adult Interdependent Partnership. |
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What You'll Learn
Common law couples' property rights
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.
AIPs share similar rights to married couples for property, inheritance, and decision-making. Since the transition from the Matrimonial Property Act to the Family Property Act in 2020, property division rules for common-law relationships have changed. The Family Property Act applies to both married couples and adult interdependent relationships.
Under the new regime, the Family Property Act would apply to common-law couples. Previously, the Matrimonial Property Act defined how property would be divided between married couples after separation, but not for common-law couples. The court will consider when the parties separated to determine which regime applies. For the Family Property Act to apply retroactively to couples before it came into force, the parties must be considered former adult interdependent partners by January 1, 2020.
If common-law partners do not want to have their property divided as per the Family Property Act, they can enter into an agreement to specify how their property is to be divided after separation. The court can also consider any agreements made between the parties. However, it is important to note that these informal agreements may not be upheld or given much weight if they are an agreement to completely give up property rights without consulting a lawyer.
In the absence of a formal agreement, common-law partners must sometimes prove that they are common-law partners. Obtaining documentation such as utility bills, lease agreements, or joint bank account statements that demonstrate living together in a relationship of interdependence can help prove this. Affidavits from friends or family members confirming the nature of the relationship can also strengthen the case.
The property rights and obligations of unmarried couples are dictated by the same rules that apply to other non-romantic relationships where unjust enrichment claims arise. These were outlined by the Supreme Court of Canada in its Kerr v. Baranow, 2011 SCC 10, decision.
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Rights during relationship dissolution or death
In the province of Alberta, common-law relationships are recognized legally and afford certain rights and protections to those involved, both during the relationship and in the event of its dissolution or the death of a partner. Here are the rights that common-law partners in Alberta are entitled to in such scenarios:
When a common-law relationship breaks down, the partners have certain legal rights and responsibilities regarding property division and support. Unlike married couples, common-law partners in Alberta do not have an automatic right to an equal division of property. Instead, they are subject to the rules of 'trust law'. This means that each partner typically keeps what is in their name, and any jointly owned property is divided according to the principles of joint ownership. However, if one partner has contributed to the other's property, they may be able to claim a share of it based on the principles of 'constructive trust' or 'resulting trust'.
In terms of support, common-law partners may be entitled to spousal support (also known as alimony or partner support) upon separation. The amount and duration of support will depend on various factors, including the length of the relationship, the roles each partner played, and any agreements made between the couple. It is important to note that spousal support is not automatic and requires one partner to make a claim against the other.
Upon the death of a common-law partner, the surviving partner may have rights to a portion of the deceased's estate, depending on whether they had a will. If there is a valid will, the surviving partner may be named as a beneficiary and receive their designated share of the estate. However, if there is no will, the surviving partner may still be able to make a claim against the estate under Alberta's 'Dependants Relief Act'. This Act allows dependants, including adult interdependent partners (common-law partners), to apply to the court for a share of the estate if they were financially dependent on the deceased.
It is worth noting that common-law partners do not automatically have the right to make medical or end-of-life decisions for their partner if they become incapacitated. To gain this right, they would need to have a Personal Directive (similar to a power of attorney for personal care) naming them as the decision-maker. Similarly, common-law partners do not automatically gain parental rights or responsibilities for their partner's children, even if they have acted as a step-parent. To obtain these rights, they would need to apply to the court and demonstrate that it is in the best interests of the child.
Overall, while common-law partners in Alberta do not have the exact same rights and obligations as married couples, they still have important legal protections, especially when it comes to property division, spousal support, and rights in the event of their partner's death. It is always advisable to seek legal advice specific to your situation to understand your full range of rights and options.
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Child support and spousal 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 share similar rights to married couples for property, inheritance, and decision-making.
Under the Wills and Succession Act, an AIP is considered a dependent and has the right to the same inheritance as a spouse upon their partner's death. The Estate Administration Act states that a surviving spouse or qualifying adult interdependent partner has priority in applying to be the administrator or nominating someone else.
Regarding child support and spousal support, the Divorce Act prioritizes child support payments. This means that if there is not enough money for an individual to pay both child and spousal support, the money is directed towards child support. The duration of spousal support will depend on factors such as the length of time the spouses lived together and their ages at the time of separation. Spousal support may only be paid for a limited time or until a change in circumstances prompts a different court order or update to the agreement.
To apply for spousal or partner support in Alberta, you must have care and control over a child, even if you are not their parent. Before beginning any family law action in Edmonton, Calgary, or Red Deer, you must take the Parenting After Separation eCourse, complete a Financial Disclosure Statement, attend Alternative Dispute Resolution, and meet with a family court counsellor.
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Inheritance rights
In Alberta, a common-law relationship is referred to as an "Adult Interdependent Partnership" (AIP). This term has been used since 2003 to describe non-marital relationships with legal recognition.
To qualify as an AIP, a couple must meet at least 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 when it comes to property division, insurance, taxation benefits, and inheritance. In the case of a partner's death, the surviving partner in an AIP has the right to stay in the family home for 90 days, and the estate of the deceased is responsible for covering mortgage payments or rental costs during this time.
If an individual in an AIP passes away without a will, the surviving partner is entitled to inherit from the deceased's estate. However, it is important to note that the absence of a will means that Alberta's estate laws will determine the distribution of the estate, which may not align with the couple's intentions. Therefore, it is advisable to seek legal guidance to ensure that all documents are legally valid and properly outline the wishes of both partners.
The rights of AIP relationships are outlined in various acts, including the Family Law Act, the Wills and Succession Act, and the Estate Administration Act. These acts provide legal recognition and protection for AIP partners, similar to those in a marital relationship.
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Adult Interdependent Partnership (AIP) agreements
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.
An Adult Interdependent Partnership agreement is a personal agreement between two partners. It is a legal document that should include the following information:
- A statement showing that you understand your rights and obligations as adult interdependent partners under Alberta law.
- Declarations stating that you are at least 16 years old, unmarried, have not signed another adult interdependent agreement, and are living together or intend to live together in a relationship of interdependence.
- A clause that makes the agreement void if the relationship ends.
The Adult Interdependent Partner Act recognises the economic and emotional contributions made by both partners. It empowers the courts to distribute property based on these contributions, rather than solely legal ownership. This approach recognises the shared nature of these relationships and seeks to prevent undue hardship upon dissolution. Under this Act, property division can be regulated by a written agreement between the partners, allowing for flexibility and individual tailoring to the couple's specific needs.
In the absence of such an agreement, the courts may intervene to ensure a fair distribution. The court also assesses whether one partner sacrificed career opportunities or education to support the other, which can warrant compensatory support. This type of support aims to address any economic disadvantages arising from the relationship.
Regarding financial rights, partners in an Adult Interdependent Relationship have similar rights to married couples when it comes to property division. They have an equal claim to any assets acquired during the relationship, and a court can order the sale or division of jointly owned property. However, property owned before the relationship or received as a gift or inheritance during the relationship generally remains with the original owner.
Adult Interdependent Partners in Alberta may file taxes jointly, potentially accessing benefits like spousal tax credits. Their status can affect taxation, similar to married couples, so professional tax advice is advisable for accurate filing.
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Frequently asked questions
A couple is considered to be in a common-law relationship in Alberta, or an Adult Interdependent Partnership (AIP), when they meet one of the following requirements: they have lived together for three or more years, they have a child together, or they have signed an Adult Interdependent Partner agreement.
Common-law couples in Alberta have similar rights to married couples, including property division rules, inheritance, and decision-making. However, they do not have the same legal rights and obligations as married couples. Common-law couples may have rights to child support, spousal support, and property division.
To prove a common-law relationship in Alberta, you can provide documentation such as utility bills, lease agreements, or joint bank account statements that demonstrate you have been living together. Affidavits from friends or family members confirming the nature of the relationship can also be helpful.
Property division during a common-law separation in Alberta can be complex and depends on various factors, including when the parties separated and whether there was a formal agreement in place. The Family Property Act, which came into force on January 1, 2020, applies to both married couples and common-law couples in the province, outlining rules for property division.
