In Alberta, common law relationships are legally recognized and treated similarly to marriages when it comes to property division, but only after a certain threshold is met. Many couples are surprised to learn that living together can come with the same legal obligations as being married, especially during a breakup.
If you’re living with your partner or planning to move in together, it’s important to understand how property is divided under Alberta law and how you can protect yourself before and after separation.
This guide covers what counts as family property, what’s excluded, how debts are handled, and why a cohabitation agreement can save you time, money, and heartache.
How Is Property Divided After a Common Law Separation in Alberta?
Under Alberta’s family laws, property division rules apply to both married couples and common law partners. You are considered common law in Alberta if:
- You’ve lived together in a marriage-like relationship for at least three years, or
- You’ve lived together for less than three years but have a child together
Once this threshold is met, the law treats your relationship similarly to a marriage, meaning property division rules kick in.
Family Property vs. Excluded Property in Alberta
In Alberta, the law treats property differently, depending on which of three categories it fits into:
- Divided equally: Some types of family property are shared equally upon separation. This includes:
- Property acquired during the relationship
- The family home (regardless of who paid for it)
- Bank accounts, pensions, investments, and RRSPs
- Businesses or real estate acquired while together
- Property acquired during the relationship
- Excluded property: Not divided during separation. This includes:
- Property owned before the relationship
- Gifts or inheritances received by one partner
- Personal injury settlements
- Certain trust interests
- Property owned before the relationship
- Divided Fairly
- The increase in value of property owned before the relationship
- Property acquired after you separate
- Gifts from one of you to the other
- Property acquired from the income from windfalls or previous property
Sound complicated? It is. Making a cohabitation agreement is the most straightforward way to sort out what happens to your property if your relationship ends.
What Happens to Excluded Property in a Common Law Breakup?
Here’s an example. If you owned a condo before your partner moved in, the condo itself may remain yours, but if its value increased during your relationship, that increase is considered family property and can be split.
To avoid unintentional sharing of property, many Alberta couples choose to draft a cohabitation agreement that sets clear terms about what happens if the relationship ends.
Legal Rights of Common Law Partners in Alberta
Do Common Law Partners Automatically Share Property in Alberta?
Yes, once you’ve lived together for three years, Alberta’s Family Property Act gives both partners equal rights to family property and responsibility for family debt. This includes common law relationships.
If you break up, your partner can claim a 50% share of all family property, even if it’s in your name alone.
Entitlements for Common Law Partners Under Alberta Law
Common law partners may be entitled to:
- Half of the value of family property
- Half of the increase in value of excluded property
- Spousal support (if eligible)
- A share of the family home, even if it’s not jointly owned
These legal entitlements can significantly impact your financial future. That’s why it’s so important to have legal agreements in place before issues arise.
Protecting Your Assets in a Common Law Relationship
Why Draft a Common Law Agreement Before Moving In Together?
A common law agreement (also called a cohabitation agreement) allows partners to set out in writing:
- What property will remain separate
- How jointly acquired property will be divided
- How debts and expenses will be handled
- Whether spousal support will be paid
- What happens to the home if one partner owns it
This agreement gives you control and clarity, and can help avoid costly legal disputes in the future.
At Jointly, we make it easy for Alberta couples to create legally sound cohabitation agreements tailored to provincial law, without the stress or high cost of traditional legal services.
Debt Division in a Common Law Separation in Alberta
How Are Debts Divided Between Common Law Partners?
Just like assets, family debt is divided equally after a common law separation. Family debt includes:
- Credit cards used for family expenses
- Loans taken out during the relationship
- Mortgages on jointly used property
- Car loans or lines of credit for shared purchases
Even if the debt is in only one partner’s name, it may still be shared if it benefited the family.
Liability for Shared and Individual Debts After Separation
After separation, both partners remain liable for their share of family debt, even if only one partner incurred it. However, debts incurred before the relationship or after separation are typically not shared unless they relate to a family asset.
A cohabitation agreement can help clarify who is responsible for which debts and avoid surprise claims during separation.
Steps to Take When Ending a Common Law Relationship
Documenting Contributions to Shared Property
If you’re separating from your common law partner and there’s no written agreement in place, it’s essential to gather evidence of your contributions:
- Bank transfers or payment receipts
- Mortgage or rent contributions
- Renovation or repair costs
- Shared investments or savings history
This documentation can support your claim to property, equity, or reimbursement, especially if your name isn’t on the title.
When Should You Seek Legal Advice for Property Division?
You should seek legal advice if:
- You jointly own a home or business
- One partner contributed significantly to the other’s property
- There are disputes over excluded property or debts
- Spousal support is being claimed
Even better, consult a legal professional before issues arise. Jointly offers clear, accessible guidance that helps you make smart decisions early on.
Additional Information About Common Law Property Division in Alberta
Can I Claim Ownership of Property I Contributed To?
Yes, under certain circumstances. If you’re in a common law relationship and the property falls into the definition of family property, you have a claim to 50% of the value of the asset. If it isn’t family property, but you contributed significantly (financially or through labour), you may be able to make a trust claim to get a share.
This is often called a constructive trust or resulting trust claim and is based on the idea of fairness. However, these claims are complicated, expensive, and uncertain.
The easiest way to avoid this legal grey area? Create a written agreement before or during your relationship.
What Happens to Common Law Home Ownership After Separation?
If you and your partner jointly own a home, you’ll typically split it equally upon separation.
You may also need to negotiate:
- Who will stay in the home
- Whether it will be sold
- How the proceeds will be divided
Again, these issues are easier to manage when expectations are clear from the beginning.
Why Choose Jointly for Your Common Law Property Division in Alberta
At Jointly, we help Alberta couples take control of their financial future by offering a simple, affordable, and lawyer-backed way to create cohabitation agreements that reflect your unique situation.
With Jointly, you get:
✅ A guided online platform tailored to Alberta’s laws
✅ A co-created agreement that reflects your actual life and assets
✅ Clarity on property, debt, and responsibilities
✅ A path to untangle your assets if the relationship ends, without seeing the inside of a court room
Whether you’re moving in together or already living as a common law couple, we help you start the conversation and put it in writing.
Protect your peace of mind, your home, and your future.
Create your cohabitation agreement today
I founded Jointly because I want to empower more Canadians with the knowledge and tools to create relationship agreements that work for them, at a price they can afford. My big dream? That reaching more Canadians with Jointly ultimately keeps more families out of the court system when relationships breakdown, which can be slow, expensive and traumatic. (I may or may not have personal experience with this 😅)
When I'm not lawyering, I'm most likely hiking with my dogs, kayaking the coastal waters around North Vancouver, or hitting the sauna and cold plunge.
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