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Alberta Common Law Property Division
In Alberta, the regular rules for property division in common law situations apply. Find out more.
Under the Adult Interdependent Relationships Act, Alberta has created a category of relationship known as adult interdependent partner. An adult interdependent partner is someone living in a relationship of interdependence for at least 3 year or a relationship of some permanence if there is a child. You can also become an adult interdependent partner by entering into a written adult interdependent partner agreement. Obviously, these are catchy phrases intended to spread like wildfire.
A relationship of interdependence is a relationship outside marriage where the couple shares each other's lives, function as an economic and domestic unit and are emotionally committed to each other.
If you are an adult independent partner, you have the right to spousal support and various estate rights.
Dependents Relief
If you rely on your adult independent partner for financial support and your adult independent partner passes away, you are entitled to support from your adult independent partner's estate, just as if the two of you had been married.
Succession Rights on Intestacy
If your adult independent partner dies without a will, you are entitled to the same share in your adult independent partner's estate as if you had been married.
Ending an Adult Independent Partnership
You can end an adult independent partnership by written agreement, by living separate and apart for one year, by getting married or by entering into an interdependent partner agreement with another person.
Recommended Resources
Get the legal help you need for your common law separation:
- Ask your questions, or find support at our forums. We have a special forums dedicated to common law issues.
- Obtain a cohabitation agreement to protect yourself.
- If your relationship is over, resolve matters with a separation agreement.
