In Alberta, your common-law relationship may give you certain rights if your relationship dissolves or your partner dies. For these rights to apply to you, your relationship must meet the requirements to be considered a common-law relationship. The rights and obligations of unmarried couples are determined on the basis of what might be fair in the particular circumstances of their relationship. This becomes problematic because it is difficult for couples to negotiate at the end of a relationship without having clear expectations about what might happen if they went to court. In Alberta, the common law regulates separation through the Family Property Act, which outlines the issues that must be resolved in the event of a relationship breakdown. A divorce lawyer can help you understand your legal rights if you are experiencing a common law separation. 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). Part 3 of the Family Law Act deals primarily with common law child support and spousal support. In other words, concluding that 2 people were AIPs opens the door to a potential request for support, but that support is not guaranteed. The Family Law Act outlines the factors that a court must consider when an AIP makes a request for assistance.
For couples who separated before January 1, 2020, the division of their property is based on the judge`s past decisions and the application of the principle of implicit trust. How it is treated by the law depends heavily on the facts of the particular case. Unfortunately, it is very difficult to predict how a court will divide the common law for these couples. It is really a case-by-case analysis of the contributions and roles assumed by each party in the relationship. This Frequently Asked Questions (FAQ) is provided by the Centre for Public Legal Education Alberta. Alberta`s Common Law Relationships Act was amended in June 2003 with the introduction of the concept of “adult interdependent relationships.” This resource answers questions about how such a relationship is defined and the nature of agreements between interdependent adult partners. Once you reach the “test” threshold of cohabitation for 3 years or a child in the relationship, the common-law relationship is treated as matrimonial property, there is now a presumption of equal division of property accumulated during a common-law relationship in Alberta once you have passed the “test” threshold. There are several exceptions for certain assets, but the courts divide all assets that have accumulated equally. 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. 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.
When this happens, it means that no one has been put in charge of the estate and there is no official written record of what the deceased wanted. This is obviously a stressful situation for everyone involved, especially when they are grieving. Property rights When a marriage ends, the division of property in Alberta is governed by the Matrimonial Property Act. This law applies only to married couples, not common-law partners. There is therefore no automatic right to the division of property when a common-law relationship ends. Each party retains what it owns and the common property is shared equally. If a partner is not satisfied with this outcome, they can go to court for unjust enrichment, which is a long and complex court case. Two people living together in a relationship similar to marriage without being legally married to each other may be called a common-law relationship. The legal rights and obligations in these relationships vary depending on the jurisdiction (place) and the jurisdiction considered. NOTE: The term “common law” is no longer used in Alberta statutes.
Alberta`s Common Law Relationships Act was amended in June 2003 with the introduction of the concept of “adult interdependent relationships.” This law is set out in the Adult Interdependent Relationships Act. However, both terms are still used and informally recognized by family law lawyers in Alberta when it comes to separations. The reason it`s important to know and use the right terminology is that divorce attorneys use a very specific test to determine if the parties are in an adult interdependent relationship. This test will determine how separation from Alberta will proceed under common law. If the surviving partner is related to the deceased partner, the surviving partner receives only what is due to him or her as a surviving partner and in no other capacity. (For example, if the surviving partner is the child of the deceased partner, the surviving partner would not receive more from the estate because he or she is both a partner and a child, he or she would only receive his or her share because he or she is a partner.) Under Alberta family law, a couple is considered a common-law relationship or in an interdependent adult relationship if one of the following conditions applies to them: Book a consultation with one of the family law lawyers at the Kahane Law Office in Calgary today. You can discuss how this information applies to you and your situation. Consultation will help you avoid the many pitfalls that exist when dealing with the complex issue of common law property in Alberta. They are available at reasonable all-inclusive prices. There is no longer a financial obligation if you do not want to move forward.
A consultation allows you to understand your position on what you are entitled to and what you are responsible for.