Can Relatives, Friends or Roommates Be Adult Interdependent Partners in Alberta?

Many people think adult interdependent partner status is only for unmarried romantic couples. In Alberta, the law looks at the nature of the relationship. That means two friends, a pair of relatives or long-term housemates could, in some situations, be caught by the rules.

This article explains what a relationship of interdependence is, who falls inside or outside the rules, who can sign an agreement, and why the status matters. Your own situation will turn on its facts, so a lawyer can confirm how the rules apply to you.

This article covers the law of Alberta.

What a relationship of interdependence means

The Adult Interdependent Relationships Act (AIRA) defines a relationship of interdependence as a relationship 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. The definition does not say the two people must be romantic partners.

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

• Exclusivity of the relationship
• Household roles
• How the two present themselves to others
• Mutual contributions
• Financial dependence
• Child care
• Property ownership and use

Sharing a rental and splitting rent is not the same as sharing lives. A relationship that is only a convenient living arrangement may not meet the definition, though it depends on the facts.

The ways people become partners

Two people become adult interdependent partners if they live together in a relationship of interdependence for a continuous period of at least 3 years. They can qualify sooner if the relationship has some permanence and there is a child of the relationship by birth or adoption. They can also become partners with no minimum time by signing an adult interdependent partner agreement.

Relatives, paid caregivers and people who are already committed

People related by blood or adoption can become partners of each other only by signing an adult interdependent partner agreement. The 3-year and child routes do not apply to them. Alberta.ca says relatives must use the form set out in the Adult Interdependent Partner Agreement Regulation.

Paid care is treated differently. No relationship of interdependence exists where one person provides the other with domestic support and personal care for a fee or other consideration. A live-in paid caregiver, for example, does not become a partner through that arrangement.

There are also limits tied to other relationships. A person cannot have more than one adult interdependent partner at a time, and a married person cannot become an adult interdependent partner while living with his or her spouse.

Who can sign an agreement, and when it is invalid

Any 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 they are already party to an existing agreement, are married, or are a minor. A minor who is at least 16 can sign if the minor's guardians gave prior written consent.

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.

Be careful about claiming a relationship that does not exist. A person who alleges an adult interdependent relationship, knowing it does not exist, is liable in damages for the pecuniary loss and costs another person incurred in reliance on that allegation.

Why the status matters, and what to do next

Status can carry real consequences. The Family Property Act applies to adult interdependent partners as well as spouses, for partners who separate on or after January 1, 2020. Every spouse or adult interdependent partner has an obligation to provide support, subject to the Family Law Act. If someone dies without a will leaving a surviving adult interdependent partner but no descendants, the entire intestate estate goes to that partner.

Because the consequences can be significant, it helps to be clear about where you stand. Steps to consider:

• Write down when you started living together and how you share money, chores and property
• Note whether either of you is married, or already has a partner or agreement
• If you are related, ask whether a signed agreement on the prescribed form makes sense
• Keep records of joint accounts, leases and shared expenses
• Speak with a lawyer before signing an agreement or making a claim

Frequently asked questions