The Evolution of Common-Law Relationships in Alberta: Legal Implications for Property and Support

by admin | Sep 15, 2024 | Best Lawyers in Edmonton, Blog

Key Takeaways

• Common-law relationships in Alberta are legally recognized as “adult interdependent partnerships”
• Property division rules for common-law partners differ significantly from those for married couples
• Support obligations may exist between common-law partners, depending on the nature of their relationship
• Legal protections for common-law partners have evolved, but gaps still exist compared to married couples
• Seeking legal advice is crucial for common-law partners to understand their rights and obligations

Introduction

Over the last few decades, the way people form relationships in Alberta has changed a lot. More and more couples are living together without getting married, which we call common-law partnerships. As these changes happen in society, the laws also need to change to keep up.

At Kolinsky Law, we think it’s really important to know about these new laws and how they affect people. In this blog post, we’re going to talk about how common-law relationships have changed in Alberta. We’ll focus on two main things:

1. How the law decide who gets what stuff when common-law partners break up
2. Whether one partner might have to support the other financially after they split up

We’ll explain these ideas in simple terms so you can understand how the law affects common-law couples today.

What exactly is a common-law relationship in Alberta?

Certainly. I’ll simplify this explanation while maintaining its core meaning:

In Alberta, the law doesn’t actually use the term “common-law relationship.” Instead, since 2003, we have something called the Adult Interdependent Relationships Act (AIRA). This law created a new term: “adult interdependent partners.”

So, who counts as adult interdependent partners? The law says it’s two people who:

1. Live together in a close relationship for at least three years in a row, or
2. Have a child together, or
3. Have signed a special agreement to be adult interdependent partners

This legal term covers what most people think of as a common-law relationship, but it’s a bit more specific. The law uses this term to make sure it’s clear who has certain rights and responsibilities.

How has the legal recognition of common-law relationships changed over time?

When the AIRA became law in 2003, it changed things a lot for couples who live together but aren’t married. Before this law, these couples (who most people call common-law partners) didn’t have many legal rights or protections.

The AIRA gave these couples some of the same rights and responsibilities that married couples have. For example:

1. One partner might have to financially support the other if they break up.
2. Partners got some rights to share property.

But it’s important to remember that even with this new law, common-law couples are still treated differently from married couples in many ways. The law doesn’t see them as exactly the same.

What are the current rules regarding property division for common-law partners?

Unlike married couples, who are subject to the Matrimonial Property Act, common-law partners in Alberta do not have automatic rights to an equal division of property acquired during the relationship. Instead, property division is governed by the law of unjust enrichment and resulting trusts. This means that a partner may have to prove their contribution to the acquisition, maintenance, or improvement of property to claim a share. This can often lead to complex and costly legal disputes.

How are support obligations determined for common-law partners?

Support obligations between adult interdependent partners are recognized under the Family Law Act. The court considers various factors when determining support, including the length of the relationship, the roles each partner played, and the financial consequences of the relationship breakdown. While the principles are similar to those applied in divorces, the specific calculations and considerations may differ.

What legal protections are available for common-law partners, and how do they compare to those for married couples?

Common-law partners in Alberta now have access to many legal protections that were once reserved for married couples. These include the right to seek partner support, inheritance rights under intestacy laws, and the ability to make medical decisions for an incapacitated partner. However, significant differences remain, particularly in the area of property division. Married couples benefit from a presumption of equal sharing of matrimonial property, while common-law partners must rely on more complex legal principles to assert their property rights.

What steps can common-law partners take to protect their interests?

Given the complexities surrounding common-law relationships, partners must be proactive in protecting their interests. This may include:

1. Creating a cohabitation agreement that outlines how property will be divided and whether support will be paid in the event of a separation.
2. Keeping detailed records of contributions to shared property and expenses.
3. Considering joint ownership of significant assets.
4. Updating wills and beneficiary designations to ensure the partner is provided for in the event of death.
5. Seeking legal advice to understand their specific rights and obligations.

Conclusion

The way Alberta law treats common-law relationships has changed because our society has changed. We now recognize that families come in many different forms. The law has improved to protect common-law partners better, but there are still big differences between how the law treats married and unmarried couples. This is especially true when it comes to dividing property if the couple breaks up.

At Kolinsky Law, we know these laws are complicated and always changing. We also understand how they affect real people’s lives. Our team is here to help you if you:

• Are starting a common-law relationship
• Are breaking up with your common-law partner
• Just want to know your rights and responsibilities

Every relationship is different, so the law might apply differently to your situation. That’s why it’s a good idea to talk to a lawyer who can give you advice that fits your specific needs. If you’re in a common-law relationship and want to make sure your rights are protected, don’t be afraid to ask for help.