In Alberta, rights may exist regarding support, parenting, and property between common law couples. The legal term for a “common law” partner is adult interdependent partner. You are an adult independent partner if one of the following applies to you:
1. You have lived with your partner in a relationship of interdependence for a continuous 3 year period;
2. You have lived with your partner in a relationship of interdependence for a period of some permanence, and have a child with your partner; or
3. You have entered an agreement to declare yourself an adult interdependent partner.
If you have been separated from your partner for a period of one year, you have become a former adult interdependent partner.
The Family Property Act governs the division of property between adult interdependent partners and former adult interdependent partners (insert link to Callioux common law property page). The Family Law Act governs parenting, child support, and spousal support rights and responsibilities between adult interdependent partners.
Property Division for Adult Interdependent Partners
The division of assets between adult interdependent partners who have separated on January 1, 2020 or later is governed by the Family Property Act.
If you are an adult independent partner and your relationship breaks down, you may have property that needs to be divided. This means determining what property is yours alone, what property is joint, and to what property you and your ex will each have a right. The Family Property Act governs the division of property between adult interdependent partners who have separated on or after January 1, 2020. You are generally entitled to one half of the property that was acquired during the period you lived together as adult interdependent partners, and one half of the increase in value of an asset brought into the marriage. This may include bank accounts, pensions, houses, vehicles and any other possessions. This also may include debts. However, sometimes exceptions apply and legal advice is important to ensure that all property is known and it is divided fairly. There are also timelines you must comply with under the Family Property Act if you wish to make a court application regarding property. Generally, property cannot be divided any later than three years after the separation, or one year after the property is transferred or give away.
THE DIVISION OF ASSETS IN THE COMMON LAW CONTEXT FOR COUPLES WHO SEPERATED PRIOR TO JANUARY 1, 2020 IS GOVERNED BY THE PRINCIPLES OF UNJUST ENRICHMENT.
If you were an adult interdependent partner and separated prior to January 1, 2020, there is no presumption of an equal split of property. Instead, division is determined by the principles of unjust enrichment or constructive trust. This means that if you contributed to the value of the property, you have some right to the property, regardless of whose name the property is in, or who is in possession of that property. Your right to the property may not be a full 50% of the value, or it may be greater than 50% of the value. Your contribution may have been financial, or it may have been indirect contributions like housekeeping, cleaning, renovations, handling bookkeeping, or caring for the children so the other party is able to work. You have a limited time period to make a court application to divide this property. Your rights will depend on a variety of circumstances that are explored though legal advice tailored to your particular situation.
Parenting for separating Adult Interdependent Partners (unmarried couples)
Dependants are persons to parents/guardians under the age of 18.
Parents are the biological mother, biological father, by adoption to the child, or by reproduction. Guardians may include a step-parent by a Guardianship Order or agreement.
The best interests and well-being of the child comes first. This means the child’s emotional, psychological and physical safety.
When separating parents do not agree on parenting time, they may apply to the (Alberta Court of Justice or King’s Bench) to enter a Parenting Order. This Order may include parenting time - a schedule for both parents to follow and day to day decision-making powers and responsibilities.
If the child’s best interests change as he/she is developing, the parents may apply to the Court to vary a previous Parenting Order.
Learn more about Parenting Time, Parental Decision Making, and Moving with Children.
Partner Support & Child Support
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