Are Common Law Relationships Recognized in Alberta?
Yes, common law relationships are recognized in Alberta. The province acknowledges such relationships, often referred to as “adult interdependent partnerships,” and provides a framework for their legal recognition and the associated rights and responsibilities.
What is a Common Law Relationship?
A common law relationship, known in Alberta as an adult interdependent partnership, is a situation where two people live together in a relationship akin to marriage but without being formally married. For a couple to be considered in a common law relationship in Alberta, certain criteria must be met:
Length of Cohabitation: The couple must live together continuously for at least three years. If they have a child together, the cohabitation period can be shorter.
Presenting Themselves as a Couple: The couple must present themselves to the public as being in a committed, conjugal relationship.
Sharing Finances and Living Together: They should share financial responsibilities and live together in the same residence.
Intention to be Married: While not strictly required, an intention to marry in the future can support the recognition of the relationship.
Legal Implications of Common Law Relationships
Being in a recognized common law relationship in Alberta carries several legal implications, particularly concerning property rights, support obligations, and inheritance rights.
Property Rights
When a common law couple separates, the division of property can be complex. Unlike married couples, there is no automatic 50/50 split of property. Instead, property division is guided by principles of fairness and contributions made by each partner:
Jointly Owned Property: Items or assets purchased jointly are typically divided equally.
Individual Property: Property owned by one partner before the relationship usually remains theirs unless the other partner can prove significant contributions (financial or otherwise) to its maintenance or improvement.
Home Rights: If the couple lived together in a home owned by one partner, the non-owning partner might not have a right to the property itself but could claim compensation for contributions to its upkeep or improvement.
Support Obligations
Common law partners may have support obligations to each other, similar to those of married couples. This includes:
Spousal Support: If one partner was financially dependent on the other during the relationship, they might be entitled to spousal support upon separation. Factors considered include the length of the relationship, the roles each partner played, and the financial situation of each.
Child Support: If the couple has children, both parents are obligated to support them financially, regardless of their marital status. Child support is calculated based on the income of the parents and the needs of the children.
Inheritance Rights
In terms of inheritance, common law partners have different rights compared to married couples:
Wills and Estates: If a common law partner dies without a will, the surviving partner does not automatically inherit. It is crucial for common law couples to have a will in place to ensure their partner is provided for.
Dependent’s Relief Claim: In some cases, a surviving common law partner can make a claim for a portion of the estate under the Wills and Succession Act if they were financially dependent on the deceased.
Other Legal Considerations
Health Care Decisions: Common law partners may have the right to make health care decisions for each other, particularly if they have lived together for an extended period and can demonstrate the depth of their relationship.
Pension Benefits: Common law partners may be entitled to share in each other’s pension benefits upon separation or death, depending on the specific terms of the pension plan.
Taxation: Common law partners are recognized by the Canada Revenue Agency (CRA) for tax purposes. They must report their relationship status on their tax returns, which can affect benefits and credits.
Conclusion
Common law relationships in Alberta are recognized and carry significant legal implications. Understanding the rights and responsibilities of such partnerships is crucial for those involved. If you have specific questions about your situation, it is highly recommended to seek professional legal advice to navigate the complexities of common law relationships in Alberta.
FAQs
Is common law accepted in Canada?
Yes, common law is accepted in Canada. In Canadian provinces and territories, common law relationships are recognized for various legal purposes, including spousal support, property division, and inheritance rights. The specifics of common law relationships, such as the required duration of cohabitation, can vary between jurisdictions, but generally, a couple living together in a marriage-like relationship without being legally married can be considered common law partners.
Can a common law spouse make medical decisions in Canada?
A common law spouse can make medical decisions for their partner in Canada, but this depends on provincial and territorial laws. Generally, common law partners are considered next of kin and can act as a substitute decision-maker for medical matters if the partner is incapacitated. However, it is advisable for couples to formalize this arrangement through legal documents such as a power of attorney for personal care to avoid any complications or disputes.
What is a cohabitation agreement in Alberta?
A cohabitation agreement in Alberta is a legal contract between two individuals who live together in a common law relationship. This agreement outlines the rights and obligations of each partner regarding property division, spousal support, and other matters should the relationship end. It allows couples to establish their own terms and provides clarity and protection, ensuring that both parties’ interests are safeguarded in the event of a separation.