Common-Law Rights in Alberta: Complete 2026 Guide
Understanding your rights as an Adult Interdependent Partner under Alberta law.
1. Adult Interdependent Partners (AIPs)
Alberta doesn't use the term "common-law" in legislation. Instead, Alberta recognizes Adult Interdependent Partners (AIPs) under the Adult Interdependent Relationships Act.
How to Become AIPs
You become Adult Interdependent Partners through any of these ways:
1. Three Years of Cohabitation
Living together in a "relationship of interdependence" for at least 3 continuous years.
2. Cohabitation + Child
Living together in a relationship of interdependence with a child of the relationship (any duration).
3. AIP Agreement
Signing an Adult Interdependent Partner Agreement (any duration of relationship).
What is "Interdependence"?
A relationship of interdependence means partners share each other's lives and are emotionally, physically, and economically dependent on each other. Factors include:
- Living together exclusively
- Sharing household responsibilities
- Financial interdependence (joint accounts, shared expenses)
- Exclusivity and commitment
- Public recognition as a couple
2. Property Rights
Critical Difference from Marriage:
Common-law partners do NOT have automatic property division rights under Alberta's Matrimonial Property Act. Property generally belongs to whoever bought it or whose name is on the title.
How Property Works for Common-Law Partners
| Type | Married | Common-Law |
|---|---|---|
| Home in one name | Divided equally | Belongs to title holder |
| Bank accounts | Divided equally | Belongs to account holder |
| Increase in value | Shared | Belongs to owner |
Potential Claims
A common-law partner may have claims through:
- Unjust enrichment: If your partner benefited from your contributions without compensation
- Constructive trust: If your contributions created an ownership interest in property
- Joint venture: If you worked together toward common goals
- Resulting trust: If you contributed to the purchase price
3. Support Obligations
Unlike property, support obligations are similar for common-law and married couples in Alberta.
Good News for Common-Law Partners:
Adult Interdependent Partners can claim partner support under Alberta's Family Law Act, using the same Spousal Support Advisory Guidelines as married couples.
Support Entitlement Factors
- Length of the relationship
- Roles during the relationship
- Economic advantages/disadvantages from the relationship
- Each partner's financial situation and needs
- Childcare responsibilities
4. Children and Parenting
Children's rights are the same regardless of whether parents were married or common-law:
- Child support: Calculated using the same Federal Child Support Guidelines
- Custody/guardianship: Same rules under the Family Law Act
- Parenting time: Same best interests of the child test
- Decision-making: Same principles apply
5. Key Differences from Marriage
| Issue | Married | Common-Law (AIP) |
|---|---|---|
| Property division | Automatic 50/50 | Title rules (no automatic sharing) |
| Spousal support | Yes | Yes (same rules) |
| Child support | Yes | Yes (same rules) |
| CPP splitting | Mandatory on request | Only by agreement |
| Divorce required | Yes (court process) | No (just separate) |
| Pension division | Automatic right | May need to claim |
6. Protecting Your Interests
Since common-law partners don't have automatic property rights, consider these protections:
Cohabitation Agreement
A written agreement that outlines how property and support will be handled if you separate. Can be done at any time during the relationship.
Joint Ownership
Put major assets (home, vehicles) in both names as joint tenants.
AIP Agreement
A formal Adult Interdependent Partner Agreement that establishes your relationship status.
Keep Records
Document your contributions to property, renovations, mortgage payments, etc.
7. Frequently Asked Questions
Questions About Common-Law Rights?
Whether you're entering a common-law relationship, separating, or need a cohabitation agreement, we can help you understand and protect your rights.