How Long Do You Have to Make a Property Claim After Separation in Alberta?

When a relationship ends, dividing property can feel like something you can deal with later. In Alberta, the Family Property Act sets time limits, and missing them can put your claim at risk. Knowing which clock applies to you is an important early step.

The limit depends on whether you were married or were adult interdependent partners, and on a few special situations such as a reconciliation attempt, a transfer meant to defeat a claim, or a death. This article explains the general rules. Your own dates and facts should be confirmed with a lawyer.

This article covers the law of Alberta.

Which law applies to you

The Family Property Act (RSA 2000, c F-4.7) is the former Matrimonial Property Act, renamed. The changes took effect January 1, 2020. The Act now applies to adult interdependent partners as well as married spouses.

Spouses who were divorced, or who were living separate and apart, before January 1, 2020 generally stay under the old Matrimonial Property Act, although ss. 15 and 18 of the new Act apply if the event or separation was on or after February 1, 2012. For adult interdependent partners, the Act applies only if they had not begun living separate and apart, and had not become former partners, before January 1, 2020.

An adult interdependent partner is generally someone who has lived with another person in a relationship of interdependence for at least 3 years. It can be less than 3 years if they have a child together and the relationship has some permanence, or any period if they signed an adult interdependent partner agreement.

The basic time limits

These are general rules, and the exact start date can be argued. If you are near the end of a limit, get advice quickly.

Exceptions that change the clock

• Reconciliation: a single reconciliation period of up to 90 days is not counted when calculating time for spouses.
• Transfers to defeat a claim: the limit is 2 years from separation or 1 year after the transfer, whichever comes first.
• Recipients of transfers: the Court can act against a recipient only for transfers made not more than one year before the application.
• Death: a surviving spouse or partner may apply within 6 months of probate or administration being granted. For those 6 months, the executor cannot distribute estate property to beneficiaries without the survivor's consent or a court order.

If you think the other person moved or gave away property to avoid sharing it, the Court can in some cases return the property, give a money judgment against the recipient, or count the property as part of the transferor's share.

When an order can be made

A time limit is only part of the picture. For spouses, a family property order may be made only in specified situations. These include after divorce, nullity, judicial separation or a declaration of irreconcilability, or when the spouses have lived separate and apart for a continuous period of at least one year. An order can also be made where a spouse is transferring or gifting substantial property to defeat a claim, or is dissipating property.

Adult interdependent partners can obtain an order once they have become former adult interdependent partners. They can also apply while separate and apart if the other is transferring property to defeat the claim or dissipating property. Living under one roof or sharing some household services does not prevent a finding of separation, and a resumed relationship of up to 90 days aimed at reconciliation does not restart the process.

What to do next

A claim is started with a Statement of Claim for Division of Family Property (Form FL-2), or Form FL-3 where it is combined with a divorce claim. Each party must also file a sworn statement disclosing all their property wherever located, including property disposed of within one year before the application, and serve it on the other party.

• Write down the date you separated, or the date you knew the relationship ended.
• Note any reconciliation attempt and how long it lasted.
• Note any divorce or other decree and its date.
• If someone has died, note the date probate or administration was granted.
• Gather records of property, accounts, debts and any recent transfers.
• Check the current version of the Act and the current court form numbers before filing, as form numbers have been given inconsistently.
• Speak with a lawyer early, especially if any deadline is close.

Frequently asked questions