Alberta

Common Law Alberta
As in all other provinces, couples living common law in Alberta have similar, but not the same, rights as married couples.

Adult Interdependent Relationship
In Alberta, common law couples are legally known as adult interdependent partners and are in an adult interdependent relationship. Whew, what a mouthful! There are basically three ways you can become adult interdependent partners:

1. cohabit for three year;
2. cohabit and have a child together; or
3. enter into an adult interdependent relationship.

An adult interdependent relationship ends when there is a separation of one year, or one of the parties marries or enters into a new adult interdependent relationship.

Property Rights
When a marriage ends, property division in Alberta is governed by the Matrimonial Property Act. This act only applies to married couples, not common law couples. So, there is no automatic right to property division when a common law relationship ends. Each party keeps what they own, and joint property is shared equally. If one partner is not satisfied with that result, they can apply to the court on the grounds of unjust enrichment, which is a lengthy and complex legal process.

Spousal Support
An adult interdependent partner in Alberta can bring a claim for spousal support under the Family Law Act. A married spouse brings a claim for spousal support under the Divorce Act, but for all practical purposes, spousal support under both pieces of legislation is the same.

Child Support & Child Custody
As in all provinces and territories, the laws relating to child support and child custody are exactly the same for married couples and common law couples in Alberta. Married couples are covered by the Divorce Act and unmarried couples are covered by the Family Law Act.

Estates
Under the Alberta Wills and Succession Act, a common law partner obtains the same inheritance as a married partner when someone dies without a will. Similarly this Act gives a common law partner the same right to dependents relief (basically child or spousal support from an estate) as a married partner.

When a married person dies in Alberta, the Dower Act gives that person’s spouse a dower interest in the home they live in (homestead). A dower interest means that the surviving spouse can live there for the rest of their lives. However, common law partners have no dower rights.

Cohabitation Agreement
If you don’t like how the law treats common law partners in Alberta, you and your partner can enter into a cohabitation agreement that sets out your rights and obligations towards each other.

Summary
By now, living common law in Alberta gives a person the same rights as a married person with the exception of property division upon separation and dower interests upon death.

92 Comments

  1. Dennis Tkachuk-Reply
    August 27, 2012 at 6:23 pm

    In a 4 1/2 year legal common law relationship and should it break down what are the (eviction rights) of the person residing in the same home but title in the name of the other partner.

    A/ Verbal
    B/ Written
    C/ Through a lawyer and the courts.

    Request a rely!

    • sherry-Reply
      October 29, 2013 at 12:37 am

      How do i get the house into my own name after a 3 year common law relationship? can we write up a seperation agreement ourselves? or do we have to go through lawyers and everything

      • Robyn-Reply
        January 23, 2014 at 6:55 pm

        I have been in the same situation after 7 years of common-law. The bank will have to approve your ability to take over the mortgage on your own. If you cannot, then you will need to either sell the property and divide up the debt/assets or come up with an agreement that will allow you to remain in the home until a settlement can be made. If you do qualify for the mortgage solely, then an agreement will need to be done up, possibly with the dower rights signed allowing you to register at Land Titles and for the bank’s records. The ex is still entitled to a payout if you take the mortgage over regardless of how long you have been separated, if an agreement is not finalized with a lawyer.

    • Rea Patenaude-Reply
      July 15, 2014 at 6:43 am

      We have lived In home under my name with my downpayment and some of the months he has paid half but mostly I have covered expenses and have gone into debt doing so. My question is can I give him notice to leave legally?

  2. Mike Harrison-Reply
    October 24, 2012 at 3:55 am

    I have a question not covered by the website.

    I’m divorced and pay my ex-wife a monthly amount of $1200 as set out in our negotiated divorce agreement. (She also enjoys other financial benefits from me which are not pertinent to this question).

    The agreement makes no reference to my obligation to continue paying her the $1,200 in the event that she chooses to move in with her current boyfriend, nor does it say I don’t need to pay her once she moves in with him.

    She has just informed me that she plans to relocate to his city, secure fulltime employment and live with him in his house. Her boyfriend owns his own home, mortgage free, and has held the same job for almost thirty years, so he is certainly stable.

    Must they live together for a certain length of time before my obligation ceases? And if so, how long? I can see the point of having a time period where the new boyfriend is concerned – his assests are protected for the first year or two. But why should I pay her ‘alimony’ when she is living ‘common law’ with another man who is capable of supporting her?

    Any comments would be welcome.

    Thanks,

    Mike

  3. ramelcita baquiran-Reply
    December 19, 2012 at 8:27 pm

    this website is so informative..but i just have a question..Could it be possible to be in a common law relationship if both parties are not yet been divorce from thier spouses? thanks

    • Helen Banks-Reply
      January 27, 2014 at 1:17 am

      Yes Ramelcita, an individual can have both a spouse and an adult interdependent partner at the same time if they are not yet divorced and have been living with their new partner in a relationship of interdependence for at least three years, or have a child with their new partner or have a signed adult interdependent partnership agreement.

  4. Rosemary E. Lambert-Reply
    December 22, 2012 at 4:18 pm

    My common law husband and I were living together for 2 years and one month before I confronted him with his infidelity. He brought me here from Ontario where I lived for over 50 years and then he decided after I spent all my money on him and his adult children t hat lived with him as well that he wanted to go back to his X wife after my money ran out. I went into debt buying 400.00 worth of groceries for them every week for over a year. Thousands of dollars were spent in other things for them as well only to have him discard me like yesterday’s trash. I ended up forgiving him and his X wife as I found out were never divorced only separated. I was brought here for the purpose of making her jealous and it worked. I was used then discarded. Do I have any rights what so ever or am I out here on my own with out any help. I am diabetic and can’t buy meds because I don’t make enough money. I feel lost and can’t cope. I need help and advise because I’m scared. He won’t help me at all. Can I make him at least give me a nominal amount so I can buy my meds for diabetes.?? Please answer asap…I’m afraid and alone

    • Gloria-Reply
      November 18, 2014 at 4:21 pm

      The government of Alberta helps low income seniors in a big way to support financially$ as well as with emotional support. Comsider calling them, that is why they are there.
      Also, you are not trash. You are a beautiful woman who, like me, made a wrong decision. But now is the time to use your God-given strength to pull yourself up. Gather support. Know that you are a lovely woman, brave, strong, a child of God. So it is time to begin over again and we women can do it!
      I am.
      The very best to you as you begin once again into a wonderful future.
      Gloria

  5. Carolyn Markowsky-Reply
    January 4, 2013 at 3:36 pm

    What happens when one person leaves a common-law relationship and gives up all material properties prior to entering said relationship, because of the agreed upon not needing of the extra properties. Can a person claim property division even though said person has no material properties of there own (outside of personal necessities)?

    • Sam H-Reply
      February 20, 2015 at 2:58 am

      Are you asking whether a person who enter a common law relationship with no property can exit the relationship and claim properties belonging to the other party? Unless you bought property together and the title is in your name and his, then you are out of luck unless you can prove that you somehow improved it or put money into it that would drive its value up.

  6. Tammy Stewart-Reply
    January 31, 2013 at 1:36 am

    My finance and I have been living together for 5 years. 3 days ago, he has asked me to move out (his 15 year old son, who came to live with us 2 years ago, doesn’t like me and causes many problems in our relationship) The house and property is in his name. We have both spent thousands of dollars over the last 5 years towards renovations and property improvements. My question is…can he legally just kick me out of our home or do I have any rights at all? Thank you.

    • Helen Banks-Reply
      January 27, 2014 at 1:23 am

      Tammy, you more than likely will be the one who has to leave – not only is the house in his name but he has a child residing there. If you don’t leave willingly, he can likely obtain a court order for exclusive possession. However, it sounds like you may have a claim for unjust enrichment because you improved the value of his house so dig out your receipts for the money you put into it.

    • Sam H-Reply
      February 20, 2015 at 2:56 am

      Most likely you will have to move out but if you have receipts for all the money you personally put in, you can get reimbursement for that. The poster above me has the right act name for it.

  7. Andrea Ritchie-Reply
    February 4, 2013 at 12:28 am

    How do I begin and file for support from my partner of 7 years? He assaulted me and was charged by the RCMP. we operate and ran a business toghether due to a no contact order he has chosen to operate this business. I cannot collect EI and all our property is in his name. All my funds have been put into what i believe was our business and I am up a creek without a paddle so to speak. Any guidance would be appreciated. Thank you. Andrea.

  8. katrina-Reply
    March 5, 2013 at 1:16 am

    Can my husb divorce his common law partnernin Edmonton.will it took for how mny mnths waiting?aftr that how can my husb get me and kds even if he file dvorce on me,im frm philippines,tnx

  9. Carla-Reply
    March 13, 2013 at 6:00 pm

    If my boyfriend and I have been living together for three years, and he has a 12 year old daughter (he is primary parent), am I considered her legal guardian?

  10. Moyra-Reply
    March 14, 2013 at 5:38 am

    Were marrird for 2 years, split for a couple of months, then startd living together for 15 years. My x refused to pay child, section 7 expenses, spousal support and divide assets and penions. I have taken him to court requesting documents, undertaking, etc for 15 years, and he has put every block in place that is possible. Now, he takes me to coury on Rule 4.33-1 and wins on dismissing the claim where it states he owes me all of this and gets the CLP off our house which is now under his name.
    He only gave me 5 days to prepare which was not long enough to get all the doments made into exhibitis for my affidavit. He purged himself in court, me saying one thing, him saying another and the judge didnt let me show anyy documents and granted his wish. This means I DON’T GET the prope share of our house, assets, pensipn, cpp, shared, mutual -I lose everythin from 16 years of marriage! This is not right Rule 433-1 needs to accept e-mails, him not willing to give necessary documents sonwe could make a settlement.
    The law of Alberta is soppose to protect us! It need nothing but let my x manipulate and screw me around for another 15 Years! This is ridiculous! So I dont believe Commo Laws have any rights! Thanks for listening -if you have any recommendations pls let me know! Thks

    • Sandra-Reply
      December 30, 2013 at 2:00 am

      Alberta’s Adult Interdependant Act is NOT fair. I Went through a 15 year common law relationship (resulting in 2 children) and in the end, I was only entitled to 33%, according to the way unjust enrichment claims are settled. Then the ex claimed exceptions on top of that, so in the end, I end up with 22%, and no spousal support. I just feel sick about the whole thing.

      • Gloria-Reply
        November 18, 2014 at 4:42 pm

        Yes, you are in my one big sad state of affairs you are. My eart goes out to you, Sandra. So many of us have been there just where you are. I suggest, as I am doing now, apply to the government of AB for grealy distributed $ support. Emotional support is out there as well.
        Pull up your boots and tie up those boot strings! You (as I) can do it!
        Most of all, know that you are a strong, brave and resiliant woman but just one of many who (well-meaningly) took the wrong turn in the road. So many, many of us have. You sure are not alone. However, now stronger for it, we can help one another.
        Hey! Try asking God Himself for help. You might be surprised.
        Gloria

      • James-Reply
        December 2, 2014 at 10:27 pm

        Maybe try getting a job. My ex hasn’t worked for 7 years (since our daughter was born) I moved out left her everything including the house and vehicle, and I have to pay her up to 4g a month spousal and 1g for child support. She has no obligation whatsoever except to sit in my house and collect my money, the only unfairness is the complete and total one sided legal system centered around the woman of any relationship. So now I have to work my but off to have much less while she sits at my house and hangs out with her friends making more a month of my work then most people take home as a salary, the common law laws are useless and totally one sided

  11. Laurie-Reply
    March 18, 2013 at 4:38 pm

    How do people enter into an adult interdependent relationship?

  12. Deena-Reply
    March 22, 2013 at 1:06 am

    I was common law, we owed a home together. ( I have been paying for the home soley for 16 months)
    He left and now 16 months later is sueing me for 70,000$ equity.
    His lawyer won’t acknowledge the money’s I have contributed my such as taxes, 10,000 in mortgage payments soley ect…
    His lawyer also states the there is a law of property act – where I owe him occupational rent.

    There has to be a law somewhere that would protect me the owner the responsible party that took care of my home finically, the upkeep & maintenance.

    I need help. My lawyer is not of much help @300$ an hour.

  13. Doris Simpson-Reply
    March 23, 2013 at 4:58 pm

    Has the common law in Alberta changed in regard to property division??? If the it is owned by one person.

  14. bran-Reply
    March 24, 2013 at 2:58 am

    I have a question I was wondering if you can answer. My common law partner and I have been together for 8 years and he has not yet gotten a divorce from his ex due to financial reasons and they haven’t been together for 15 years. Is his ex still entitled to pension or anything like that if something were to happen or would our child and I.

  15. March 28, 2013 at 9:41 pm

    Thanks very helpful

  16. Judith Cameron-Reply
    April 7, 2013 at 1:54 am

    Can a woman under the age of 18 years living with her partner be considered a common law partner; especially when they have a child together? Father is 20 yrs and mother is 17 years, child is 6 months old and they have been living together for over 1 year already. Thank you!

  17. Tafena Pierce-Reply
    April 22, 2013 at 4:33 pm

    How long do you have to live together, before you are classified as common law?
    My ex and I lived together for a year before we up and moved out my home town, now we have been living in our current home for 6 months and he has decided he no longer wants a relationship.
    He made me leave my home, quit my job and burnt my bridges along with it, because he wanted to move so fast. My name is not on the mortgage, so I am literally being left with nothing.
    I would like to know if I am entitled to anything, and if so what my rights are and how to go about this whole situation.
    THANKS!

  18. Mike Clement-Reply
    May 24, 2013 at 12:46 pm

    My wife and I have been seperated over a year but not divorced yet. My wife has been living common law for over a year in Ottawa. If I move from Ontario to Alberta, will I still have to pay her spousal support?

    • Chelsea-Reply
      June 13, 2015 at 2:24 am

      Luli, I’m sure you know the answer to this by now, but see it (or a variation thereof) frequently. Relocation will not absolve you of your alimony obligations. There is reciprocity among all provinces and US states, so it’s not going to happen, unless you go “underground”, but I’m sure you are not a douche bag.

      More importantly, ALIMONY ORDERED IN ALBERTA IS FOR LIFE. I personally do not agree with this, but you need to know the laws of the land. And, ladies, don’t think men aren’t filing alimony claims. As the saying goes, quid pro quo.

      • Chelsea-Reply
        June 13, 2015 at 2:41 am

        My bad – Alberta frequently orders alimony for life, but, as evidenced by an OP, one Alberta Court was smart and put parameters around the alimony order. However, I know there to be reciprocity among the provinces and US states, as I’ve utilized it.

  19. Jamie-Reply
    June 5, 2013 at 2:26 am

    Can the biological parents apply for common law if they are living apart due to work location

  20. Aaron-Reply
    June 11, 2013 at 11:40 pm

    I am going through a separation with my common law spouse. We were together for 4 yrs. She left July 19, 2012 following an affair she had. She has left all her property behind. She hired a lawyer in September 2012 in attempts to obtain the house we co own together. Now she is not willing to respond to her own lawyer to resolve the matter. Is there a certain time frame in the legal world that she is still entitled to joint property vs. no longer being entitled to it. In the time that she has left, she has not contributed financially to any of the property.

    Thank you,

    Aaron

    • Kar-Reply
      September 13, 2013 at 5:08 pm

      I lived common law for 6 years,from 2001- 2006 I had to move out, because we were having problems with his children, he needed to sort things out, we kept our relationship open with each other (physically), we were hoping we could work things out but he is just been now putting reconsiling off. I contributed to the relationship financially, physically & mentally. with these 6 years trying to reconsile, its not working, am I entitled to a portion i contributed to the household?
      thank you
      K.

  21. Vera rehash or-Reply
    June 21, 2013 at 10:57 am

    I don,t know if you can answer this question for me or not .My daughter is now living with a guy who was living in common law for 8 years and his common law spouse is now filing for spousal support and child support. My question is will my daughters income be affected as she and the other man involved in this is now living with her thank you

  22. Love Joy Olidan-Reply
    July 11, 2013 at 4:52 am

    I’m in a same sex relationship for 4yrs now, i’ve been to canada for almost a year. How can i change my status from single, and declare that i have a common law partner? Thanks and God Bless.

  23. Keenan-Reply
    July 22, 2013 at 2:02 pm

    Just wanted to let you know of some errors.

    Alberta

    Common Law Alberta
    As in all other provinces, couples living common law in Alberta have similar, but not the same, rights as married couples.

    Adult Interdependent Relationship
    In Alberta, common law couples are legally known as adult interdependent partners and are in an adult interdependent relationship. Whew, what a mouthful! There are basically three ways you can become adult interdependent partners:

    1. cohabit for three year;(years)
    2. cohabit and have a child together; or
    3. enter into an adult interdependent relationship.( agreement ) ?

  24. miroslav-Reply
    July 30, 2013 at 3:31 am

    Me and my girlfriend are living together 3 months, now we are engaged, are we consider as common-law relationship ?

  25. Kellie-Reply
    August 15, 2013 at 12:27 am

    Hey there,
    I just want to clarify when you are considered ‘common law’ when you live together.
    Thanks

  26. August 29, 2013 at 7:06 pm

    hi i am wondering if you can send me info on commonlaw breakups. i have child custody and she wants me to pay her spousal support as well as giving half of everthing. she worked maybe 3years out of 20 together and i raised her 2 children without much helpfrom there Dad. really just looking for what i would be responsable for. thanks Jamie

  27. Kelley Gardner-Reply
    September 8, 2013 at 2:43 pm

    My common-law partner, moved from B.C. in 2009 where he owned property with his ex-wife who has since passed away. He moved in with me in my home in Calgary and I paid all the bills and mortgage, etc. After 2 yrs he purchased a home in Red Deer and I sold my house in Calgary and moved to Red Deer. At the end of Jan/13 he went to South Korea to work overseas and I stayed in our home in Red Deer and tried to keep in touch, however, towards the end prior to his return to Canada, ( he was supposed to have a break at 3 months, it was extended to 6 months) he was being rude and telling me not to pick him up at the airport, etc. when he did get back, he showed up at our home when he thought I wouldn’t be there. I was, and we talked. We were intimate, however, he said he wanted to end our relationship because he decided to work over there for the next 3 or 4 yrs. he said I could stay in the house, i have been looking after and maintaining it for the last year and a half now. I have asked for nothing from him, however, I don’t believe he should be able to kick me out of my home. I don’t know where I stand. The house is in his name, but he wants to be non-Canadian citizen status for tax purposes. I believe that he will transfer the ownership/title to his 36 yr old son. He has told me I have to be out of the house by Oct 31/13.

  28. johannes-Reply
    October 9, 2013 at 8:16 am

    I have a friend that was in a gay relationship with another man for about 15 yrs. My friend helped him with his house properties such as collecting rent, shoving walks and minor repairs. His partner died about 8 months ago and the will left the income propreties and their personnel dwelling to his relatives. Does he have no entitlement to his home of 15 yrs let alone the rental propreties. Many of the other man’s relative are just coming over at their discretion and taking things that they bought together. Does he have any rights to these propreties?

  29. Case-Reply
    October 22, 2013 at 4:15 pm

    I have a few questions,
    My comonlaw boyfriend and I (we lived together for 6+ years), bought a house together in 2011(2 years ago) both our names are on title and property, are we able to asset divide is this just a case of one or the other needs to buy the other out to keep the home? or just sell and splitthe reamining leftover cash once debt is paid off.

    As well, we both qualified under the First time homebuyers act when we made the purchase, no as we sepearate are we able to requalify for the first time homebuys are individuals rather then a couple as we did so previously?

    Thank you

  30. Al Price-Reply
    October 24, 2013 at 11:37 pm

    Is it possible to claim common law status if you are still legally married but have been legally separated for more than 20 years.
    Thank You

    • administrator-Reply
      October 25, 2013 at 3:00 pm

      @Al – Yes.

  31. jake-Reply
    November 23, 2013 at 1:22 pm

    Hi i just arrived in Canada last June 2013. My sister sponsored me thats why im here. im from the Philippines and i have a Gf back then. Is there any other that I could probably get her. We’re not married though we’ve been together for a year before we separate. Can I apply her as my common law. and may I know whats the requirements? Thank you

  32. Sandi-Reply
    November 25, 2013 at 11:29 pm

    We bought a house (title is in my name, and I made the down payment) but he co-signed the loan and makes 1/2 of the mortgage payment. We have been together for almost 4 years, he has been divorced from his first wife for about two. I want him to leave but he won’t move out and wants to continue the relationship in spite of the difficulties until the place is sold, which I find intolerable. If I leave do I lose any rights to the property? There is no communication left and I am terribly frustrated. Can I leave temporarily, sort of giving him notice to find a new home, and still retain the rights to my property? Because he co-signed the mortgage loan (which comes up for renewal in a few months) does he have a right to force me to sell, and if we sell, will he get any portion of the money that I used to make the down payment on the property? Further does he have the right to remain on the property (as a tenant or “roommate”), and if I leave will I be required to continue to pay my share of the mortgage. I am desperate for answers as I don’t know which way to turn.

    • Helen Banks-Reply
      January 27, 2014 at 1:32 am

      Your down payment is exempt, meaning that if you sell the house, you will get that back “off the top” and then the rest will be divided equally – or you can buy him out if you prefer. You will not lose your property rights if you move out but if you want him to move instead, you will probably need to make an application for exclusive possession as it sounds like he isn’t going to go otherwise. Unless it is really stressful living there, I recommend that you file and serve an application him instead of moving out yourself and go to the bank to see if you can refinance as he is entitled to his share of the equity (if any).

      • Vicky-Reply
        October 24, 2015 at 11:37 pm

        Thank God I found this site!! Here is my scenario me and my partner planning to buy house it will under my name but need a co signed also our down payment is 50/50. The issue is she still married and have to two teenagers kid that lives to us so my question is it is better for her to buy a house than me because I am single but i will contribute to all the expenses? I would like to avoid problem in the future if the relationship will not last. What is your thoughts about this? Thanks and Blessed this site.

  33. Anonymous-Reply
    December 5, 2013 at 10:31 pm

    My boyfriend and I have been together since March, 2012, and have been living together since August, 2012. He has recently expressed that he no longer desires to remain in a relationship and proceeded to inform me that I have 2 weeks (the duration of his current work rotation) to leave. I have been dependent on him since moving to Alberta in 2012. I’m originally from Nova Scotia, have no family in this province/no other place to go, and would be forced to move back there. I am questioning whether or not I am entitled to anything (financial support, help in order to return to NS, etc) and/or if he’s able to evict me if I’m unable to leave within the above mentioned time frame? Thank you for taking the time to read this and please help if you can.

    • Helen Banks-Reply
      January 27, 2014 at 1:27 am

      Does he own the place where you live or do you rent? He will have more rights if he owns it and you are not on title.

      You may be entitled to some partner support at least on a short term basis. You will need to file a Claim under the Family Law Act.

  34. Jacalyn-Reply
    January 15, 2014 at 6:35 pm

    I have been living in my house for 6 years with my boyfriend who is still legally married.I he entiltled to anything from me?

    • Helen Banks-Reply
      January 27, 2014 at 1:25 am

      To be honest Jacalyn, your question is a bit vague. What do you mean by “entitled to anything?”. Are you splitting up? Whose name is the house in? There is no such thing as matrimonial property if you are not married but if he has contributed to mortgage payments or renovations he may have an unjust enrichment claim.

  35. Serri Windle-Reply
    January 27, 2014 at 6:12 pm

    Hello, My boyfriend wants me and my children to move in with him. As much as I love him, I also know how relationships often end. Because the house is in his name, if we broke up would he have to give us reasonable time to leave the premises or would he be able to kick us out onto the streets that day if he chose too? Thanks so much:-)

  36. John-Reply
    February 2, 2014 at 6:54 am

    Where can I find a common law speration agreement on line. It seems that all the seperation agreements are for married couples which do not apply for common-law couples.

  37. Tom-Reply
    February 4, 2014 at 8:30 pm

    Hi,
    Just a question. I have a girlfriend and she lives out of the country. We both love each other very much. She here on a student visa and about to expire soon and I don’t want to get marry to her. We are living together as a common law because I do not follow marriage. I want her to stay with me (She been living with me for 3 years) and she has been renewing her student visa but this time it has been decline because she has finish her study. Is there a way she can live in Canada with me permanently as a common-law?

  38. sara w-Reply
    February 25, 2014 at 6:08 pm

    Im wondering if you leave your common law spouse how long do you have to be apart for them not to be able to Go to court. Nothing there is nothing in the other persons name and they did have separate income? Thanks.

  39. Denny-Reply
    March 14, 2014 at 1:24 pm

    I would like to enquire on child support payments. After the death of a spouse who was paying child support monthly it has been determined by the estate lawyer that these payment must continue and be managed by the appointed executor from the estate until the age of 18 (children), depending of course on the available funds coming out of the estate. Do these payments continue after the surviving spouse recieving the benifits is in a new common law relationship with plans to get married and living with the new partner in a houlse they purchased together? They also have a substantial income between the two of them.
    I appreciate your time and feedback.Thank you.

  40. Debbie-Reply
    March 24, 2014 at 6:30 pm

    I have been in a commonlaw relationship for 5 years, recently my partner has passed away. He had alot of credit card debt as well as personal loans, who is responsible for the debts? All the accounts are in his name, I am waiting for the death certificate to send to the creditors.

  41. jaden-Reply
    April 1, 2014 at 6:44 am

    I have been in a relationship with my spouse for 4 years , living together for 2 . He recently passed away but his benificary on his life insurance is another person. will common law act the same way as a marriage when dealing with life insurance in Alberta ? he has someone else listed but I’ve read that if you have a spouse , they would recieve the life insurance before the named benificary .

  42. Yolany-Reply
    April 15, 2014 at 5:56 pm

    My boyfriend and I move in a year ago, we have a child. my questios is: after how long are we consider as a common law couple for the Canadian goverment? (for taxes porpouses)

  43. Jessica-Reply
    May 14, 2014 at 9:50 pm

    My boyfriend and I just bought a house together. My apartment lease was up in March 2014 and I have been living with him ever since. I was wondering now that we bought a house together with both our names on the mortgage will that mean we are now common law?

  44. May 18, 2014 at 8:47 pm

    I got my permanent resident here in Canada, and I have a boyfriend in our country, when I got my vacation last time I never expected that I will get pregnant when I came back here in Canada. My question is my boyfriend was married before last 2012 after months 4 of marriage they separated and doesn’t have a communication to each other, . He’s planning to get an annulment , but in our country it will take years to grant it. Both parties wanted to be separated. There is also a law in our country that if man or wife separated for a longer years (5 years) without any communication at all ,the man or the wife will file an annulment easily , I think they called it abandonment. The question is how may I able to bring my boyfriend here with me so that we can start our family? Can we declare a common law? Can he apply a tourist visa to visit me and our baby here and can he possibly apply for a job here so that we can be together? Once he’s got here , can we got married even his annulment is on process in our country?..thank you

  45. Vanessa-Reply
    May 25, 2014 at 11:23 pm

    I am a Landlady and became involved with a tenant, but she and I agreed to keep the tenant contract in tact. Am I in danger of becoming common law if the tenant agreement is in affect? Does the law differ in anyway with lesbians?

    -Thank you,
    Vanessa

  46. Randi-Reply
    May 30, 2014 at 8:30 am

    i have a question me and my ” Common law ” have been living together for 8 months now and i am trying to apply as a sponsor for him to become a refugee here in Canada. What is the legal amount of time that we have to be living together to classify us as “Common Law”

  47. Aocheng Liu-Reply
    June 18, 2014 at 6:19 pm

    Hi I just want to ask a question, if my common law partner close our joint account sneakily and didn’t tell me and let me know. Is that illegal or not ?

    Thanks

  48. June 25, 2014 at 10:14 am

    Adult Interdependent Relationship
    In Alberta, common law couples are legally known as adult interdependent partners and are in an adult interdependent relationship. Whew, what a mouthful! There are basically three ways you can become adult interdependent partners:

    1. cohabit for three year;
    2. cohabit and have a child together; or
    3. enter into an adult interdependent relationship.

    An adult interdependent relationship ends when there is a separation of one year, or one of the parties marries or enters into a new adult interdependent relationship.

    if anyone of the 3 applies to your situation the author is saying that you are in a “common law relationship” in alberta

    whom ever has the MAIN/GENERAL child custody is entitled to maintenance for taking care of the child

    cohabit means living together under the same location as the partner in question.

    first variable is “3 YEARS” not months… example… “you can have a 60 year relationship with a person but if you
    LIVED with that partner for less then 3 years and had no children together you are not common law yet”

    second variable is “HAVING A CHILD” together while cohabiting my assumption is that it can be LESS then “3 YEARS” because “CHILD” is considered the main variable.. example… “you have been dating this other person for a month and you both found out that she is pregnant and gave birth to the child 9 months later so you have been living with the person for 10 months approximately together that is considered common law because of the (child)”

    third variable has been clearly explained already there should be no qualms about it.

  49. jennifer-Reply
    August 9, 2014 at 8:16 pm

    how long after a year and a half of being in a common law relationship living together with no children does does the other partner have to o leave if being asked or kicked out 123 months by law how much time does he have to leave and find a new place

  50. Kelsie-Reply
    August 17, 2014 at 6:49 pm

    I met my boyfriend online sometime in March/ April of 2014. He lives in Alberta, Canada and I live in Iowa, United States. I’m going to be moving in with him November, 2014. I’m understanding we have to live together for 3 years before we are considered common-law partners or am i understanding incorrectly? Also, what is considered a conjugal relationship? I’ve read that it is a couple that can’t live together yet I have read that you can be in a common-law relationship if living together in a conjugal setting? All this stuff is so confusing!

  51. Nikko-Reply
    August 22, 2014 at 1:30 am

    Hi, I’am a new permanent resident of Canada. I want to ask what are the things that I should do to sponsor my dependent daughter and her mother who are living together in the Philippines? I also want to clarify that I’am not married with the mother of my dependent child and we did not live together , but we are in good terms. What would be the status of our relationship of the mother is it a common law? Hope to hear from your suggestions. Thanks

  52. Klalv-Reply
    August 27, 2014 at 2:30 am

    My ex left our joint home 2 years ago, we were not married. When we bought the house her parents gave her (in her name only) $25k towards the house. Now she wants either her name off the mortgage or me to sign it over to her. She said whoever keeps the house has to sign an agreement that that person owes her parents the $25k. The house has decreased in value so even to sell, neither of us would make a profit. How do I get her off without this ‘agreement’?

  53. Michael Grudecki-Reply
    September 1, 2014 at 8:01 pm

    Hello. I have been separated for exactly 14mos. The ex just served me divorce paperwork. Back in December 2013, we settled, agreed upon and signed paperwork in family court. Part of the paperwork included me paying her spousal support every month till dec 2015. She is currently and has been living common law with the same guy she cheated on me with for 12 of those 14mos. In the paperwork we both signed, it was agreed upon that spousal support will be terminated if she remarries before dec 1, 2015. As she has been living with him for which he supports her, am I still required under alberta law to pay her spousal support?

    Please help with any answers. Thank you.

    Mike

  54. Michael Grudecki-Reply
    September 1, 2014 at 10:46 pm

    Hello. I have been separated for exactly 14mos. The ex just served me divorce paperwork. Back in December 2013, we settled, agreed upon and signed paperwork in family court. Part of the paperwork included me paying her spousal support every month till dec 2015. She is currently and has been living common law with the same guy she cheated on me with for 12 of those 14mos. In the paperwork we both signed, it was agreed upon that spousal support will be terminated if she remarries before dec 1, 2015. As she has been living with him for which he supports her, am I still required under alberta law to pay her spousal support?

    Please help with any answers. Thank you.

    Mike

  55. Dion-Reply
    September 11, 2014 at 5:07 pm

    I have just purchased a home with my fiancé and have a child with her as well. Are we considered common law or is there a certain amount of time that must transpire first?

    Thanks,

    Dion

  56. Luli-Reply
    September 26, 2014 at 3:28 am

    I would like to know, if possible, because I looked for the law of Canada, like civil law, constitution law and didn’t see anything about heritage.
    My husband is a man on wheelchair and gets benefits, I was working and he received a call that if I kept making money he was going to loose his benefits, so I stopped working as he asked me to. I asked him if he died am I going to get his salary? Do I need to be in Canada forever to get it? Because in my country if I don’t work I don’t get anything and handicap benefits is not included in heritance. So when he dies, the way of survive die, better he lose than me, because in my country if I work and I die my husband gets my salary till he die or get married again.

  57. John-Reply
    November 5, 2014 at 3:04 am

    I’m male and have entered into a house rental with a female friend (we are not a couple) since rent is so expensive in Calgary. How do I protect myself and her from the government considering us common-law? We do not want issues if this works out to be beneficial beyond the year.

  58. Sheen-Reply
    November 13, 2014 at 2:30 pm

    My boyfriend and I have lived together for 4 years and we were trying to buy a house, but because of my student loans we were able to get a better rate to leave me off the mortgage and title of the property. If we were to split up would I have any rights to any of the property or equity? Or would he have to pay me a percentage?

  59. chuck coleshill-Reply
    December 7, 2014 at 7:15 am

    Hi there i have lived with this girl off and on for 23 years in Alberta Canada in 94 i bought a house in my name only i made every mortgage payment my self she bought a house trailer years ago lived in it then moved back into my place 4 maybe 5 years ago she bought a house and moved into her house but she was still staying out at my place on and off while i was working and even when i wasn t she has a full time job and makes more money than me we have no children although she has 3 boys all grown up and has kids of there own not even sure if she had a divorce or if the father of her kids is alive what i would like to know what is she in titled too i heard the laws have changed and she might be in titled to 20 percent not half

  60. Mike Phillips-Reply
    February 3, 2015 at 4:16 am

    My girlfriend and I lived together for 1.5 years before she left to date another man. During that time she received money for her husband she is divorcing for half of their house. Am I entitled to any of that money?

  61. Camilla-Reply
    February 10, 2015 at 5:31 pm

    I just have a question. My fiance and I have been living together for what is pretty much exactly 3 years. He is leaving at the end of the month. We are dividing up our belongings by what belongs to each, but I was wondering if I have any sort of rights I should know about before he leaves? Not sure if it’s relevant, but he also cheated.

    Thanks.

  62. Sherri-Reply
    March 17, 2015 at 8:29 pm

    I have been living with my boyfriend for 2 months. We bought a house in January which is in my name both title and mortgage. However the downpayment came from him. It was gifted from him to me. All improvements to the house have been done with my line of credit and my credit card as he does not have a job.

    He is verbally abusive and I just found out has cheated. How do I get him to leave. He says he put the downpayment down and will leave if I give that to him. He gifted it to me so could I not keep the house and downpayment?

    I also have two children that live there full time. He has two that visit every Wednesday and every other weekend.

    Please help.

  63. Lennie-Reply
    April 27, 2015 at 9:30 pm

    HI, today i just filed a complaint and wrote a written statement to the edmonton police regarding theft of a watch that i had owned years previous to our relationship. The police found the watch at a local pawn shop and sure enough, it was my watch and her name on file as the person responsible for selling the stolen watch. a police officer called her in regards to the stolen watch and she admitted to selling it to the constable but she then stated that she sold it and and gave me the money for it. the constable then explained that because we were common law, there was nothing they could do about it and no charges could be laid on her. she admitted to selling it to the police offer which i thought would be sufficient enough to procede with a theft under 5000 charge but the officer stated that there was nothing they could do to pursue the matter any longer. is this correct? it doesnt make alot of sense to me that just because we are common law, that gives her the go ahead to blatantly steal property off of me. can anyone elaborate regarding this situation? i mean, if that was really the case, shouldnt the police have known that and told me this information after they read my statement? this seems really fishy to me, so any advice or explanation as to why this is would be great. She openly admitted to pawning it to the police officer. I mean, if i needed money, and i wanted to pawn the watch, i would have pawned it myself so that whole statement of her saying that she pawned it and had givin me the money for it is ridiculous, as anyone can plainly see. should i bring my complaint to the main police headquaters down town or am i beating a dead hose with my situation? any advice or explaination would be greatly appreciated. thanks you!

  64. Gord-Reply
    June 8, 2015 at 5:05 pm

    I have been common law for 17 years two children I owned my home before we got to gather we split and she and the kids are in the house and she changed the locks . she wont say weather we will get back together or anything at all but there never has been any valence or nothing like that ever . if we can not get back together I would like joint custody and be able to go back to my house . im only not going there out of respect ?

  65. Stephanie-Reply
    June 13, 2015 at 9:12 pm

    My boyfriend and I have been living together for 4 months and in a relationship for 3 years. How long must we continue to cohabit before we are considered common law?

  66. Kim-Reply
    September 15, 2015 at 8:38 pm

    Does that mean if you have a child together and after the kid is born he moves in a house I own, even if for only 4 months, your automatically common law because a child is involved? Even if it was just to help with the baby?

  67. ttt-Reply
    September 25, 2015 at 2:58 am

    I have a question. So alberta canada. I qnat to move to a town that is 3 hours away. Me and my ex have a 5 year old son who I have 24/7. My ex takes him for 5 days every 10 days. We don’t have anything in the courts and he pays 250 every 2 weeks. He has a good job and has been living at the same place. I had a job but recently lost it. I have a boyfriend who we have been together since December 2014. We don’t live together yet he lives in the town 3 hours away. I want to move with him with my kid and his dad said no he wants to keep him. My son crystal and wants to come with me. It’s to better our life as I down have a job and can’t afford to live here anymore. My boyfriend owns his own house int he town and we want to move in and I will be a stay at home mom with my kid instead of working shift work and his dad works. 10 days on and 5 off. Can I love with my son or do we have to go to court we don’t even have a parental agreement or anything and didn’t go to court for child support he just pays that.

    Thanks

  68. October 19, 2015 at 6:51 am

    Hello,

    I was wondering how it works if you move in with your girlfriend and she already has a child. If we decide to split up am I obligated to pay some sort of child support even though it is not my child?
    ALBERTA

    Regards,
    T

  69. jack-Reply
    November 11, 2015 at 5:43 am

    I bought my house two years before she moved in and paid the down payment , we have two kids 15 and 12 been together 17 years she has worked jobs out of the home the whole time , she has never had to pay the bills , she got to do what ever she wanted with the money . we are now split up and she and the kids are in the house , im still paying all the bills plus the mortgage and child support, it leaves me with $134 dollars left each month . they are now trying for spousal support . as I am living in my half ton truck do I not have the right to buy her out of the house as I bought it before she cam along , and is she initialed to spousal support , as don’t make much more than she does . my believe is it is my house? and I cant keep living like this winter is coming apron us . my banker said because my name is the main mane on the mortgage, if its not paid on time I will lose my credit and never get the money to pay her out as her name got put on the mortgage 5 years latter , my lawyer is not been much help . I need help im freezing and no income left to rent please help! Edmonton Aberta

  70. Vlad-Reply
    April 20, 2018 at 1:40 am

    Can my x common law partner of 2.5 years claim spousal support from me when we have no assets together and no children. She is the one that left me. Also, how long does she have to make the claim?

  71. Shane-Reply
    April 30, 2018 at 12:56 am

    Hi,
    I live with my common law partner for 9.5 years. We got 2 children together. She decided to end the relationship, Now she asking for child support and partner support. I don’t mind paying her child support but i do mind paying her for common law support. When I try to hold on to her for the sake of the children, Do i have to pay common law support? Its for life time or its periodical pay in Alberta. she and I are currently full time students. Need advice.

    Thanks

  72. Lei-Reply
    May 9, 2018 at 3:59 pm

    Hi me and my partner become commonlaw for 7 years she got her permanent residence because of me now we are processing our citizenship when i found out she had another relationship. What will i do about this.. do i have legal action about this situation? Pls help me

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