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.
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:
Once this threshold is met, the law treats your relationship similarly to a marriage, meaning property division rules kick in.
In Alberta, the law treats property differently, depending on which of three categories it fits into:
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.
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.
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.
Common law partners may be entitled to:
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.
A common law agreement (also called a cohabitation agreement) allows partners to set out in writing:
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.
Just like assets, family debt is divided equally after a common law separation. Family debt includes:
Even if the debt is in only one partner’s name, it may still be shared if it benefited the family.
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.
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:
This documentation can support your claim to property, equity, or reimbursement, especially if your name isn’t on the title.
You should seek legal advice if:
Even better, consult a legal professional before issues arise. Jointly offers clear, accessible guidance that helps you make smart decisions early on.
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.
If you and your partner jointly own a home, you’ll typically split it equally upon separation.
You may also need to negotiate:
Again, these issues are easier to manage when expectations are clear from the beginning.
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