For years, a myth circulated in Alberta: live with someone without marrying, and you walk away with only what is in your own name. That was once close to the truth. It is not true anymore. Since a major change in the law took effect at the start of 2020, common-law partners in Alberta divide property in much the same way as married spouses. If you are separating, or considering moving in with a partner, this is one of the most important things to understand, because the difference between the old rule and the new one can be worth a great deal of money.
This guide explains who the law treats as a common-law partner in Alberta, what happens to property when the relationship ends, what stays protected, the deadlines you cannot afford to miss, and the situations where the old common-law approach still matters.
The big change: the Family Property Act
On January 1, 2020, Alberta’s Matrimonial Property Act was renamed and amended to become the Family Property Act. The central change was to extend the property division framework, which had applied only to married spouses, to unmarried partners, who in Alberta are called adult interdependent partners.
Before that date, unmarried couples in Alberta had no statutory framework for dividing property when they separated. If a dispute arose, a judge had to sort it out using common law doctrines like unjust enrichment and constructive trust, which were unpredictable and
expensive to litigate. Two people in identical situations could get very different outcomes. The Family Property Act replaced that uncertainty with a clear, shared framework: the same rules that apply to divorcing spouses now apply to separating adult interdependent partners.
Who is an adult interdependent partner?
Because the whole framework hinges on it, the first question is whether you are actually an adult interdependent partner, often shortened to AIP. Alberta’s Adult Interdependent Relationships Act defines this. You are in an adult interdependent relationship if you live with another person in a relationship of interdependence and one of the following is true: you have lived together in that relationship for at least three continuous years; or you have a relationship of some permanence, and there is a child of the relationship by birth or adoption; or you have entered into a written adult interdependent partner agreement.
There are limits. You cannot be an adult interdependent partner if you are already married, or already in another adult interdependent relationship, or if you are a minor. The law applies equally to same-sex and opposite-sex partners.
One consequence of this definition is that the relationship is not always obvious at the edges. Where one person denies that the relationship was truly interdependent, courts look at factors like how long the couple lived together, whether they shared finances and property, whether they cared jointly for children, the degree of their emotional and personal commitment, and how they presented themselves publicly. Evidence such as leases, joint accounts, bills, and tax filings can help establish both the existence and the duration of the relationship.
What gets divided
Once the Act applies, the starting point is straightforward. Property acquired by either partner during the relationship is presumptively divided equally. This includes the family home and other real estate, bank accounts, pensions and retirement savings, investments, vehicles, and other property built up during the relationship. It also includes debts.
An important point catches many people by surprise: it does not matter whose name the property is in. If an asset was accumulated during the relationship, it is generally subject to division even if it is registered to only one partner. The law looks at when and how the property was acquired, not merely at the label on the title.
The equal division is a presumption, not an ironclad rule. A court can order an unequal division where an equal split would not be just and equitable, weighing factors such as each partner’s contribution to the family and to the property, their respective financial circumstances and earning capacities, and the length of the relationship.
What stays protected: exempt property
Not everything goes into the pot. The Act protects certain property from division, called exempt property. The main categories are property that a partner owned before the relationship began, gifts received from a third party during the relationship, inheritances, and certain insurance and tort award proceeds.
There are two things to understand about how exemptions actually work, because this is where value is won and lost.
First, what is exempt is the value of the property as of the date the relationship began, or as of the date it was acquired, whichever is later. If exempt property grew in value during the relationship, that increase in value is not automatically protected. The increase is generally divisible, in a manner the court considers just and equitable. So a home one partner owned before the relationship keeps its starting value as exempt, but the growth in its value over the years of the relationship can be shared.
Second, an exemption has to be traced, and it can be lost. To claim an exemption, you have to prove the exempt property still exists or can be traced into what it became. If you inherit money and use it to buy a house in your own name, you can trace the exemption into that house. But if you deposit an inheritance into a joint account, or use it to buy property jointly with your partner, the exemption can be compromised or lost entirely through commingling. How you handle exempt assets during a relationship can quietly determine whether they stay yours.
The family home and exclusive possession
The Family Property Act made another significant change for unmarried partners. A residence used by adult interdependent partners is treated as a family home, and its value is subject to division. Just as importantly, an unmarried partner can now apply for exclusive possession of the family home, which allows a court to grant one partner the right to stay in the home and to have the other removed or restrained from entering. Before 2020, this protection was available only to married spouses in relation to a matrimonial home. Now it extends to adult interdependent partners.
Pensions are treated similarly. Adult interdependent partners can have pension benefits divided in the same way as married spouses, which for many couples is one of the most valuable parts of the division.
The deadlines you cannot miss
This is the part that catches people who wait too long. An adult interdependent partner who wants to claim property division has to start the claim within two years from the date they knew, or ought to have known, that the relationship had ended. Miss that window, and the statutory right to claim an equal share can be lost.
There are also timing rules where a partner has died, and separate deadlines can apply to estate-related claims. Because the clock can start before you have fully processed the end of a relationship, and because the consequences of missing it are severe, this is an area where early advice genuinely protects your position.
Can you agree to different rules?
Yes, and many couples should. Partners can opt out of the default framework by entering into a written agreement, often called a cohabitation agreement or an adult interdependent partner agreement, that sets out how their property and debts will be handled. These agreements carry real legal weight in Alberta.
To be enforceable, though, they have to be done properly. Each partner should provide full financial disclosure, and each should receive independent legal advice before signing, so that neither can later say they did not understand what they were giving up. An agreement drafted casually, without disclosure or advice, is far more vulnerable to challenge. Agreements that were validly made and enforceable when signed generally remain enforceable.
If you are entering a relationship with significant assets, a business, or an inheritance, a well-drafted agreement is often the single most effective way to protect them, and it is far cheaper than litigating the question later.
What if you separated before 2020, or are not an adult interdependent partner?
The Family Property Act’s extension to unmarried partners applies to relationships that ended on or after January 1, 2020. If an adult interdependent relationship ended before that date, the Act’s property division framework does not apply, and the old common-law doctrines govern. In that situation, and in other situations where the Act does not apply, a claim may still be possible through unjust enrichment, which asks whether one partner was enriched at the other’s expense in a way that would be unjust to leave uncorrected. These claims are more complex and less predictable than a claim under the Act, which is precisely why the 2020 change was so significant.
The estate side: what happens on death
Property division is not the only place adult interdependent status matters. If a partner dies, the surviving adult interdependent partner may have rights under Alberta’s Wills and Succession Act, including a share of the estate where there is no valid will, and potentially a claim for support from the estate. This is one of many reasons couples benefit from a will
and an up-to-date estate plan, and it is a reminder that the legal picture of a common-law relationship spans both family and estate law.
How the firm approaches common-law property matters
The firm approaches these matters with the same rigour applied to married property division, which is often more complex for adult interdependent partners because the existence and start date of the relationship, and the tracing of exempt assets, are frequently in dispute. That means establishing the relationship and its timeline carefully, identifying and tracing exemptions, valuing the property properly including any business interests, and moving within the deadlines. Where a fair agreement is achievable, it is pursued, and where it is not, the file is prepared to be argued. Matters are handled through secure virtual consultation across Alberta, with court attendance in Calgary where required, in English and French.
Frequently Asked Questions
For relationships that ended on or after January 1, 2020, adult interdependent partners divide property under the same framework as married spouses, starting from a presumption of equal division of property acquired during the relationship.
Generally three continuous years in a relationship of interdependence, or less if you have a child together in a relationship of some permanence, or if you have signed an adult interdependent partner agreement.
Not necessarily. If it was accumulated during the relationship, it is generally subject to division regardless of whose name is on it. Property you owned before the relationship, and gifts and inheritances, are exempt, but their increase in value may still be shared.
Generally two years from when you knew or ought to have known the relationship ended. This deadline is strict, so do not wait.
Yes. A properly prepared cohabitation or adult interdependent partner agreement, with full disclosure and independent legal advice, can set your own terms and is often the best way to protect significant assets.
The Act’s framework does not apply to adult interdependent relationships that ended before January 1, 2020. Those situations fall back on common-law doctrines like unjust enrichment.
If you are separating from a common-law partner, or want to protect your assets before moving in with one, the firm can advise you on your rights and the deadlines that apply.
This article is general information about Alberta law and is not legal advice. Every relationship is different, and you should speak with a lawyer about your situation.
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