Does the Family Property Act Apply to Common-Law Couples in Alberta?

If you have lived with a partner without marrying, you may wonder whether Alberta law gives you a right to a share of the property if you separate. The answer often depends on how long you lived together, whether you have children, and when you separated.

This article explains who counts as an adult interdependent partner, what property can be divided, and the time limits that matter. It is general information, and a lawyer can confirm how it applies to your situation.

This article covers the law of Alberta.

Who is an adult interdependent partner?

The Family Property Act, formerly the Matrimonial Property Act, was renamed and the changes took effect January 1, 2020. It now applies to adult interdependent partners as well as married spouses.

Under the Adult Interdependent Relationships Act definition, you may qualify in any of these ways:

• You have lived with the other person in a relationship of interdependence for at least 3 years.
• You have lived together for less than 3 years in a relationship with some permanence, and you have a child together.
• You have signed an adult interdependent partner agreement, in which case no minimum period applies.

Does the Act apply to your separation date?

For adult interdependent partners, the Act applies only if you had not begun living separate and apart, and had not become former partners, before January 1, 2020. The government describes this as applying to those who separate on or after that date.

Existing property division agreements that were enforceable when signed remain enforceable after the change.

What property can be divided?

The Court may divide all property owned by the partners, whether owned jointly or individually. Property acquired after the relationship began is generally distributed equally between adult interdependent partners. An equal split can change where it would not be just and equitable after the Court considers the factors in section 8.

Some property is exempt from distribution. This includes gifts from a third party, inheritances, and property an adult interdependent partner acquired before the relationship began. Growth in the value of exempt property is not automatically exempt, and the Court shares it in a just and equitable way rather than automatically equally.

The Act has no stand-alone debt-division section. Liabilities are considered when the Court decides whether an equal division is just and equitable.

When can you apply, and by when?

Adult interdependent partners can obtain a family property order once they have become former adult interdependent partners. They can also apply while separate and apart if the other partner 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.

You have 2 years from the date you knew, or should have known, that the relationship had ended. A single reconciliation period of up to 90 days is not counted when calculating time for spouses, and a resumed relationship of up to 90 days aimed at reconciliation does not restart the process for partners.

Agreements and protecting property

Adult interdependent partners may opt out of the default rules by signing their own agreement dividing property differently. If they do not, the rules apply to property obtained after the start of the relationship.

Once proceedings start, a party who knows of them must not dispose of or encumber household goods or remove household items from the home without consent or a court order. The Court can also restrain a planned transfer or gift that could defeat a claim, and can do so without notice to the other party.

What to do next

• Write down when you began living together and when the relationship ended.
• Note whether you have a child together or ever signed an adult interdependent partner agreement.
• Gather records of property, accounts, debts, gifts and inheritances, and when each was acquired.
• Find any cohabitation or property agreement you signed.
• Speak with a lawyer soon, since the time limit is short.

A claim is started with a Statement of Claim for Division of Family Property (Form FL-2), or Form FL-3 where combined with a divorce claim. Each party must also file a sworn statement disclosing all their property. Confirm current forms on the Alberta Courts website.

Frequently asked questions