Common-Law Relationships and Property Division in Alberta: What’s Fair When You Separate

December 04, 2025

By Noori Sidhu, Family Lawyer at Cambria Law (Edmonton)
Published: Thursday, December 04, 2025

Introduction

Not every committed couple in Alberta chooses marriage — and that’s perfectly legal. Many couples live together for years, share finances, raise children, and build property together without ever signing a marriage certificate. But when those relationships end, the question of who owns what can become complicated.

Under Alberta law, common-law partners — known legally as adult interdependent partners (AIPs) — have rights and obligations that, in many ways, mirror those of married spouses. Since legislative reforms in 2020, property division for AIPs has been governed by the Family Property Act, giving unmarried partners a clearer framework for dividing assets and debts.

For couples in Edmonton and across Alberta, understanding these rules before — or after — separation can prevent conflict and protect your financial future.

What Is an “Adult Interdependent Partner”?

The term common-law partner isn’t actually used in Alberta legislation. Instead, the Adult Interdependent Relationships Act (AIRA) defines an adult interdependent partner (AIP) as someone who:

Has lived with another person in a relationship of interdependence for at least three years, or
Has lived with that person in a relationship of some permanence if they share a child by birth or adoption, or
Has signed a valid Adult Interdependent Partner Agreement.

A relationship of interdependence means sharing emotional and financial support, household responsibilities, and commitments similar to marriage.

Not every couple who lives together automatically qualifies — it depends on the nature and stability of the relationship.

The Family Property Act: Extending Rights to Common-Law Couples

Before 2020, only married spouses had clear property division rights under Alberta’s Matrimonial Property Act. That changed when the Family Property Act came into force, extending similar rights to AIPs.

Now, when an adult interdependent relationship ends — by separation, death, or one partner’s decision to marry someone else — both partners may claim an equitable share of property acquired during the relationship.

This shift recognizes that long-term, unmarried relationships often involve the same financial interdependence as marriage.

How Property Is Divided

Under the Family Property Act, the general rule is that property acquired during the relationship is divided equally, while property owned before the relationship usually remains exempt — though any increase in its value during the relationship may be shared.

Here’s how it typically breaks down:

Divisible property:
- Real estate purchased together.
- Vehicles, furniture, and household goods.
- Joint bank accounts and investments.
- Business interests acquired or grown during the relationship.
Exempt property (usually):
- Assets owned before the relationship.
- Inheritances or gifts from third parties.
- Personal injury awards or insurance proceeds.

However, if exempt property was used to buy family assets or commingled (mixed) with joint funds, it may lose its exempt status. Courts look closely at financial documentation to determine each person’s true contribution.

When Equal Division Isn’t Appropriate

While equal division is the starting point, Alberta courts have discretion to adjust the split based on fairness. Factors that can influence this include:

Unequal financial or non-financial contributions.
One partner’s debt or financial misconduct.
Agreements that specify a different division.
Short relationships with limited shared property.

For example, if one partner made all the down payments while the other contributed to household expenses and childcare, the court may weigh those contributions differently.

Cohabitation and Adult Interdependent Partner Agreements

One of the best ways to avoid disputes is to create a Cohabitation Agreement or Adult Interdependent Partner Agreement.

These contracts can:

Define what happens to property and debts if the relationship ends.
Clarify expectations about ownership, expenses, or gifts.
Protect pre-existing assets and family inheritances.

To be enforceable, both parties must provide full financial disclosure and independent legal advice. In Alberta, these agreements carry significant legal weight — similar to prenuptial agreements for married couples.

What Happens When One Partner Dies

If one partner passes away without a will, the surviving AIP may have rights under Alberta’s Wills and Succession Act.

This can include:

Inheritance of part of the deceased partner’s estate (if no valid will exists).
The right to remain in the family home for a certain period.
Potential claims for financial support from the estate.

However, because unmarried partners are not automatically included in all inheritance provisions, it’s crucial for AIPs to create valid wills and estate plans reflecting their wishes.

Proving an Adult Interdependent Relationship

Disputes sometimes arise when one partner denies the relationship was “adult interdependent.” Courts will consider factors such as:

Length of cohabitation.
Shared finances and ownership of property.
Joint care of children or dependants.
Emotional and sexual intimacy.
How the couple presented themselves publicly (e.g., shared address, tax filings).

Evidence such as bank records, leases, joint bills, and witness testimony can help establish the relationship’s nature and duration.

Limitation Periods for Property Claims

Timing is critical. Under the Family Property Act, an AIP must start a property claim:

Within two years of separation, or
Within six months after the partner’s death.

Missing these deadlines can forfeit your right to claim an equal share, so early legal advice is strongly recommended.

Resolving Property Disputes

Many common-law property disputes in Edmonton are settled without court intervention. Options include:

Mediation or collaborative law — cooperative, private methods for reaching agreement.
Arbitration — a binding decision from a neutral professional.
Court application — if no resolution is possible.

Courts generally expect parties to attempt alternative dispute resolution before proceeding to trial, particularly under Alberta’s Family Justice Strategy, which emphasizes early resolution.

Key Takeaways for Common-Law Partners in Alberta

Alberta law now gives common-law partners similar property rights to married spouses.
You may be entitled to share in the value of property gained during the relationship.
Written agreements can protect assets and prevent disputes.
Strict time limits apply for making property claims.

Knowing your legal rights before or after separation can prevent misunderstandings and ensure a fair division of property.

Conclusion

Common-law relationships carry many of the same legal and financial responsibilities as marriage — even without the ceremony. When these relationships end, Alberta’s Family Property Act ensures fairness, but navigating the process requires a clear understanding of the law and good documentation.

Whether you’re starting a new relationship or facing separation, legal guidance can help protect your interests and prevent costly mistakes down the road.

Cambria Law | Family Law in Edmonton

At Cambria Law, we help couples in common-law relationships understand their rights and plan for the future. Our Edmonton family law team advises on property division, cohabitation agreements, and claims under the Family Property Act.

Contact us to discuss your situation and take the first step toward clarity and peace of mind.