Property Division – Adult Interdependent Partners (“Common Law Partners”)

In Alberta property division for those who are referred to as adult interdependent partners ("AIPs") is governed by provincial legislation.  This was not always the case.   Prior to January 1, 2020, there was no provincial legislation in Alberta that legislatively mandated property division for separating  partners that met the definition of being AIPs.   It should be noted that individuals more commonly refer to being unmarried common law couples rather than adult interdependent partners.  

Prior to January 2020, unmarried partners needed to make common law equity based arguments for division of family property. This meant division of family property was complex and very case specific with judicial decision makers making decisions based on previous case law as the sole guidance for future decision making.

This changed on January 1, 2020, with the enactment and implementation of the Family Property Act, which then formalized legislative entitlement for adult interdependent (“common law”) partners. The adoption of the Family Property Act has meant that there is unified legislation that applies to married or non-married individuals who have separated after January 1, 2020.

Notwithstanding that married and non-married individuals are governed by one piece of legislation, there are still fundamental differences in how non-married partners and married spouses are treated within the Family Property Act legislation.   

One specific and important difference is the limitation period for filing of a Claim that needs to proceed after parties' have separated.     For unmarried partners, there is a two year window from separation that does not apply to those married spouses.   

Further, the interpretation of when a separation occurs becomes increasingly important as this can differ between separating parties.     Clients should be informed as to what classifies as a separation as it relates to their property division rights. 

Individuals should be informed as to the ongoing rights to property division and responsibility for division of debts after they having separated. These can differ substantially depending on the circumstances of the parties. 

It is essential when assessing your property division rights and entitlement that you obtain timely and comprehensive legal information and advice.  

Kindly do not hesitate to reach out so we can help guide you through this process by contacting our office for a free consultation by calling our office at 1-866-278-4187, or emailing info@familycentrallaw.com, or by clicking on our consultation page. 

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