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

In Alberta property division is governed by provincial legislation.

Prior to January 1, 2020, there was no legislation that applied to property division for separating common law partners. 

The result of this was that common law partners needed to make common law equity based arguments for division of common law property. This meant division of common law property was complex and very case specific with previous cases being 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.

While married and non-married individuals are governed by one piece of legislation there are still differences in how common law partners are treated within the Family Property Act legislation.   

Entitlement does closely align to that of married spouses, notwithstanding that there are specific and significant differences to when entitlement for property division begins and importantly when it ends. 

It is essential that when assessing your property division entitlement that clients obtain timely legal information and advice.Kindly contact our office to speak to an experienced family lawyer who has negotiated detailed property division for common law partners. 

Links: https://www.alberta.ca/family-law-changes

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