How Long Must You Live Together to Be Common-Law in Alberta?

Many couples ask whether there is a magic number of months that turns a relationship into a "common-law" one in Alberta. There is a general time rule, but there are also shortcuts, and the nature of the relationship matters as much as the calendar.

This article walks through the 3-year rule, the exceptions, how a relationship of interdependence is judged, and why the label matters. A lawyer can confirm how these rules apply to your situation.

This article covers the law of Alberta.

The 3-year rule

Under the Adult Interdependent Relationships Act (AIRA), two people become adult interdependent partners if they live together in a relationship of interdependence for a continuous period of not less than 3 years. Alberta.ca describes the same rule for will and estate purposes.

The period must be continuous. A single period of not more than 90 days with reconciliation as its primary purpose is treated as not interrupting a separation, which matters when a couple splits and tries again.

Shorter routes: a child or an agreement

• If you live in a relationship of interdependence of some permanence and there is a child of the relationship by birth or adoption, you can qualify in under 3 years.
• If you enter an adult interdependent partner agreement under section 7, there is no minimum time.

Two people who are living together, or intend to live together, in a relationship of interdependence may enter into an agreement. A person cannot sign if already party to an existing adult interdependent partner agreement, if married, or if a minor, unless the minor is at least 16 and the minor's guardians gave prior written consent. A married person also cannot become a partner while living with his or her spouse.

An agreement is invalid if a party was induced by fraud, duress or undue influence, or if the parties were neither living together nor intending to live together when they signed.

How a relationship of interdependence is judged

Sharing an address is not enough by itself. The Act defines a relationship of interdependence as one outside marriage in which two people share one another's lives, are emotionally committed to one another, and function as an economic and domestic unit.

Alberta.ca lists factors for whether two people function as an economic and domestic unit:

• exclusivity
• household roles
• how you present yourselves to others
• mutual contributions
• financial dependence
• child care
• property ownership and use

How these factors apply depends on the facts of your relationship, so it is worth confirming with a lawyer.

Situations where the rules differ

• People related by blood or adoption can only become partners by signing an agreement; the 3-year and child routes do not apply.
• No relationship of interdependence exists where one person provides the other with domestic support and personal care for a fee or other consideration.
• A person cannot have more than one partner at a time, and a married person cannot become a partner while living with his or her spouse.

Roommates, for example, may share a home without the emotional commitment and shared economic life the definition requires. Whether a particular arrangement qualifies is a question of fact worth confirming with a lawyer.

Why partner status matters

Once you are adult interdependent partners, other Alberta laws treat you much like spouses in some areas. The Family Property Act applies to adult interdependent partners as well as spouses, and it can be used by partners who separate on or after January 1, 2020. A couple that has not met the 3-year, child or agreement test cannot use that Act and must rely on other claims, such as unjust enrichment or trust claims.

Status also matters if one partner dies without a will. If the deceased leaves a partner but no descendants, the entire intestate estate goes to the partner. If the deceased leaves a partner and descendants who are all also the partner's descendants, the partner again receives the entire intestate estate. If some descendants are not also the partner's, the partner gets the greater of the prescribed amount or 50% of the net value of the intestate estate, and the residue goes to the deceased's descendants. The prescribed amount is set by the Preferential Share (Intestate Estates) Regulation and was $150 000 in the version current as of October 20, 2021, so it is worth confirming the current figure.

Status can also end. Alberta.ca says partners who stop living together are separated, and that partners may also end the relationship by agreement. The Act's own rule looks at living separate and apart for more than one year with one or both partners intending the relationship not to continue.

What to do next

• Record the date you began living together as a couple.
• Gather proof of shared life, such as joint accounts, leases, bills and photos.
• Note any child born to or adopted by the two of you.
• Consider whether a written agreement would give you certainty.
• Speak with a lawyer if you are unsure where you stand.

Frequently asked questions