- A Family Property Act claim by former adult interdependent partners must generally start within 2 years of when you knew, or ought to have known, you became former partners.
- A claim to stop a transfer or gift meant to defeat your claim can have an earlier deadline.
- The Family Property Act's time-limit section states no extension mechanism for missing the 2-year limit, so act early and get advice.
After a common-law relationship ends, property questions such as the home, savings and debts can feel like they can wait. In Alberta, a legal deadline is running, and missing it can change your options.
This article explains the deadline for a Family Property Act claim, when the clock starts, and what other claims may exist. Dates and facts differ for every couple, so speak with a lawyer promptly.
This article covers the law of Alberta.
Who can use the Family Property Act
The Family Property Act applies to adult interdependent partners as well as spouses, and can be used by adult interdependent partners who separate on or after January 1, 2020. It covers adult interdependent partners and former adult interdependent partners.
A partner can apply only if the habitual residence of both partners is in Alberta, or under the other alternatives in the Act, such as the last joint habitual residence being in Alberta. A couple who has not met the 3-year, child or agreement test cannot use the Act and must rely on other claims such as unjust enrichment or trust claims.
The two-year deadline
An application by former adult interdependent partners may be started not later than 2 years after the date the applicant first knew, or in the circumstances ought to have known, that they had become former partners. Alberta.ca says the same: 2 years from when you knew or should have known the relationship ended.
When you become a former partner is set by the Adult Interdependent Relationships Act. Status ends at the earliest of several events, including a written agreement to live separate and apart without possibility of reconciliation, or living separate and apart for more than one year with one or both intending the relationship not to continue. Because the start date can be unclear, it is wise not to assume you have extra time.
A shorter deadline in one case
Where your application is based on a transfer or gift made to defeat your claim, the deadline is the earlier of 2 years from knowing you became former partners or one year after the property is transferred or given.
While you are still living separate and apart, you can apply for an order if the other partner is transferring or gifting substantial property to defeat the claim, or is dissipating property to your detriment. A partner on title who does this can be restrained by the Court.
What happens if you miss it
The Family Property Act section on time limits contains no stated extension mechanism for missing the 2-year limit. Missing it can therefore put a Family Property Act claim at serious risk.
A claim outside the Family Property Act, such as unjust enrichment, is a different kind of claim, and the 2-year limit above is the one for property applications under that Act. The general Limitations Act bars a claim 2 years after the claimant first knew, or ought to have known, of it, or 10 years after it arose, whichever expires first. Which time limit applies to a claim outside the Family Property Act depends on your situation, so it is worth confirming with a lawyer.
| Claim | Time rule |
|---|---|
| Family Property Act, general | 2 years from knowing you became a former partner |
| Family Property Act, transfer or gift to defeat claim | Earlier of 2 years or one year after the transfer |
| Unjust enrichment or other claims outside the Act | The time rule depends on the claim and your situation, so confirm it with a lawyer |
What to do next
- Write down the date you stopped living together and any written separation agreement.
- List the property and debts each of you has, and when they were acquired.
- Save records of any recent transfers, gifts or large spending by your former partner.
- Remember that an application is started by statement of claim.
- Speak with a lawyer early, before the deadline is close.
A separation agreement can cover property division, and Alberta.ca recommends speaking with a lawyer if you write one.
Frequently asked questions
How long do I have to claim property after a common-law breakup?
Generally 2 years from the date you first knew, or ought to have known, that you became a former adult interdependent partner. Alberta.ca states the same two-year period.
Can I get more time if I miss the deadline?
The Family Property Act time-limit section states no extension mechanism. Speak with a lawyer about whether any other claim remains available.
Does the deadline start the day we stop living together?
Not necessarily. The clock runs from when you knew or ought to have known you became former partners, and status ends under rules such as living separate and apart for more than one year with intent that the relationship not continue. A lawyer can help identify your date.
What if we never met the 3-year or child test?
The Family Property Act applies only to those who are or were adult interdependent partners, so you would rely on other claims such as unjust enrichment or trust. Those claims have their own timing, which a lawyer can confirm for your situation.
Sources
- Alberta.ca – Dividing property between unmarried partners — alberta.ca
- Family Property Act, s. 1 (King's Printer) — kings-printer.alberta.ca
- Alberta.ca – Family law changes — alberta.ca
- Limitations Act, s. 3 (King's Printer) — kings-printer.alberta.ca
- Adult Interdependent Relationships Act, s. 10 (King's Printer) — kings-printer.alberta.ca
- Alberta.ca – Separation and annulment — alberta.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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