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Understanding Property Division for Adult Interdependent Partners in Alberta

  • Writer: Gerardo Quintero
    Gerardo Quintero
  • Feb 12
  • 3 min read

In Alberta, the legal framework for dividing property between non-married partners has undergone significant changes, particularly impacting Adult Interdependent Partners (AIPs). These changes aim to provide clarity and fairness in property division for couples in committed relationships who may not have formalized their union through marriage. Below is a comprehensive overview of what you need to know about property division for AIPs in Alberta.



Who Qualifies as an Adult Interdependent Partner?


An Adult Interdependent Partner is defined under the Adult Interdependent Relationships Act (AIRA). To qualify, individuals must meet one of the following criteria:


  • Have lived together in a relationship of interdependence for at least three years.

  • Have lived together in a relationship of interdependence of some permanence and have a child together.

  • Have signed an Adult Interdependent Partner Agreement to formalize their relationship.


Relationships of interdependence are characterized by shared responsibilities, financial support, and emotional commitment.


Changes to Property Division Rules for AIPs


Previously, property division for non-married couples in Alberta was governed by common law principles, which often led to uncertainty and inconsistency. However, with amendments to the Family Property Act (FPA) in 2020, they ensure a more structured approach to dividing assets and debts when the relationship ends.


Key Principles of Property Division for AIPs


  1. Equal Division of Property: Similar to married couples, it is presumed that AIPs are entitled to an equal division of property acquired during the relationship from the moment they become AIPS forward. This includes:

    • Homes and vehicles purchased together.

    • Joint bank accounts and investments.

    • Pensions and retirement savings accumulated from the time they become AIPS.

  2. Exempt Property: Certain assets are excluded from division, such as:

    • Property owned before the couple is considered AIPS.

    • Gifts or inheritances received by one partner during the relationship after the status of AIPS has been reached.

    • Damages awarded for personal injury.

    • If any of the above mentioned assets increase in value during the relationship, the increase may be subject to division.

  3. Debts and Liabilities: Debts incurred during the relationship after the couple has reached AIPS status, including credit card balances or loans, are generally shared equally.


Resolving Disputes in Property Division


When AIPs cannot agree on how to divide property, the courts can intervene. Factors considered by the courts include:


  • The contributions of each partner to the acquisition and maintenance of the property.

  • Agreements made between the partners, including cohabitation or interdependent partnership agreements.

  • The financial and non-financial contributions of each partner.


Steps to Protect Your Interests


  1. Draft an Agreement: Signing an Adult Interdependent Partner Agreement or a cohabitation agreement can clarify property division arrangements and minimize disputes.

  2. Maintain Records: Keep detailed records of property ownership, contributions, and any agreements to ensure transparency.

  3. Seek Legal Advice: Consult a family lawyer to understand your rights and obligations under the updated laws.




Conclusion


The changes to Alberta’s property division rules for Adult Interdependent Partners bring much-needed clarity and equity. Whether you are entering or ending an interdependent relationship, understanding these rules is crucial to protecting your rights and navigating the complexities of property division effectively. For tailored advice, consider consulting a qualified family law professional.


At Stokes Law, we understand the challenges and nuances of property division for Adult Interdependent Partners in Alberta. Our experienced team is dedicated to providing clear, practical legal guidance to help you navigate this complex process. Whether you need assistance drafting agreements, resolving disputes, or understanding your rights, we are here to support you every step of the way. Contact us today to learn how we can help protect your interests and provide peace of mind during this pivotal time.




 
 
 

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