What Are Common Law Rights in Alberta

This change in legislation is profound. Alberta now recognizes that common-law couples are entitled to the same protections and processes as married couples. This new law reflects how we recognize the changing social relationships between partners and recognizes that partners must be protected, whether or not formal marriage exists. A particular nuance in Alberta is that the surviving partner can also be a descendant. If this is the case, they would inherit only what they are entitled to as partners, and in no other capacity. Let`s take a look at the key factors to consider when a common-law relationship breaks up in Alberta. Unmarried couples have no legal property rights. While the same division of matrimonial property applies to married couples in the event of divorce, it does not automatically apply to unmarried couples. In Alberta, a couple is considered a common-law relationship or an adult interdependent partner (AIP) if one of the following circumstances is true: Adult interdependent relationship In Alberta, couples are legally known at common law as adult interdependent partners and are in an interdependent relationship between adults. Phew, what a mouthful! There are essentially three ways to become an interdependent adult partner: The property rights and obligations of unmarried couples are subject to the same rules as those that apply to other non-romantic relationships in which unjustified requests for enrichment arise. These were decided by the Supreme Court of Canada in Kerr v. Baranow, 2011 SCC 10. When a married person dies in Alberta, the Dower Act gives that person`s spouse a widow`s interest in the home where they live (homestead).

An interest in dowry means that the surviving spouse can live there for the rest of his or her life. However, common-law spouses do not have a right to dowry. This online family law resource is provided by Legal Aid Alberta. It contains information on: marriage and «common-law relationships»; Divorce; property rights and guardianship of children; and explains some of the differences between marriage and an interdependent relationship between adults. Osuji & Smith`s experienced family law lawyers can help you understand the value of each document, design those documents for you, and help you prove your common-law relationship. The Province of Alberta has legislated which relationships are considered common-law relationships under the Family Law Act and the Wills and Successions Act. For your relationship to fall under common law law, you must be designated as an Adult Interdependent Partner (AIP). Alberta has granted rights to those who meet the definition of adult interdependent partner: Section 3 of the Adult Interdependent Relationship Act, SA 2002, c. A-4.5 defines an adult interdependent partner («AIP») as a person who: has lived with another person in an interdependent relationship: There are a few other important points to keep in mind when dividing property, When your common-law relationship ends: To ensure that the rights of both partners are fully understood and protected, We recommend making a will, continuing power of attorney, personal instructions, cohabitation agreement or dependent partner contract for adults.

In this post, we will examine how Alberta defines common-law relationships, the differences between common-law and marriage, and how to prove a common-law relationship. Alberta`s Family Property Act applies to both married couples and interdependent adult relationships. The rights and obligations of adult interdependent partners are similar to those of married couples and are sometimes the same. The Income Tax Act and the Pension Act also prescribe other rights and obligations for unmarried partners with respect to contingent income or taxation based on their relationship status. You have worked too hard for what you have to leave the division of your wealth to chance. By writing a valid and legal will, you can ensure that your loved ones are taken care of and that things are handled the way you want them to. With the Adult Interdependent Relationships Act of 2003, Alberta codified the rights and obligations of common-law relationships. And since the transition from the Matrimonial Property Act to the Family Property Act in 2020, the rules for dividing property for common-law relationships have changed.

Alberta no longer calls the relationship «common law» but now uses the term «adult interdependent partners,» or AIPS. Unmarried couples are considered AIPs if they live together in an interdependent relationship for a period of at least three years, share each other`s lives, are emotionally committed to each other, and function as a domestic and economic unit, although other factors may be relevant. Interestingly, an AIP can also be put in place if the couple has lived together for less than three years, if the couple has a child together, or if the couple has entered into a written contract known as an «adult interdependent partner» agreement. There are certain limitations, so it`s always best to consult a family law lawyer to make sure you understand the type of relationship you and your children may be in. McGlashan & Company is a full-service law firm specializing in family law in and around Edmonton, Alberta. We can help you if you are in situations like Common Law Seperation Alberta. There`s not really a dry rule for dividing property, so when it`s time to figure out who gets what, consider legal or professional advice. Alberta has some of the most comprehensive and comprehensive common law and interdependent adult relations laws, but that means it can be quite complicated.

It is up to you to fill in the blanks so that the courts do not do it for you. Alberta law does not use the term «common-law relationship.» Instead, provincial legislation refers to this type of relationship as an «adult relationship of interdependence.» A couple is legally in an adult interdependent relationship if: When looking at common-law partner rights in Alberta, you can generally divide them into two categories: Common-law relationships Alberta As in all other provinces, couples living in Alberta have similar, but not the same, rights as married couples. Maybe. A relationship doesn`t have to be marital, but if you`re trying to prove that you`re or have been in a common-law relationship, it`s a little easier if it was romantic. Caregivers are not eligible because they are paid to live with their protégé. To learn more about legal and property rights as a common-law couple, contact us to speak with one of our experienced family law lawyers in Calgary. When it comes to common-law relationships, Alberta`s family law has one of the most comprehensive definitions in Canada. If a couple meets the definition of a PAL, unmarried partners may exercise the rights and remedies set out in Part 3 of the Family Law Act, SA 2003, c. F-4.5 and Part 3 of the Wills and Estates Act SA 2010M v. W-12.2.

This often leads to confusion, but a divorce or common law lawyer can help you meet expectations. In most cases, you have essentially the same legal rights as a divorced couple. Property Rights When a marriage ends, the division of property in Alberta is governed by the Matrimonial Property Act.