Common Law Relationships

In Alberta, common law relationships are legally known as adult interdependent partnerships and are governed by the Adult Interdependent Relationships Act. To establish an adult interdependent partnership, one of three criteria must be met:

1. The parties must have cohabited in a “Relationship of Interdependence” for at least three years;
2. The parties must have cohabited in a “Relationship of Interdependence” with some sense of permanence if less than three years and the parties share a child; or
3. The parties have entered into a formal Adult Interdependent Partnership agreement with each other.

Most issues, such as spousal and child support, are approached similarly with regard to legal marriages and adult interdependent partnerships. One key difference used to be the division of property. Prior to January 2020, unmarried couples were not included in the Matrimonial Property Act. For a party to claim entitlement to property owned by their ex-common law partners, they had to claim that their ex-partner has been unjustly enriched by the relationship such that it would be fair and equitable to share some of the property in the ex-partner’s name.

As of January 2020, the Matrimonial Property Act has been renamed the Family Property Act and applies to adult interdependent partners. All parties are now subject to the same rights and entitlements as married couples, including the rights attached to family property. However, if you and your partner separated prior to January 2020, any claims to property must be brought via a claim in unjust enrichment.