Publications
Property Division: Common Law Couples and Adult Interdependent Partners, Final Report 112
The Alberta Law Reform Institute recommends changes to the law for how common-law couples divide property if their relationship breaks down. This Report also recommends changes to the law for married couples who lived together before marriage and for adult interdependent partners who are not common law couples. Why is Law Reform Needed? 2016 Census data indicates that 320,260 Albertans consider themselves to be in common-law relationships. If common-law couples break up and cannot agree how […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Publications |
| FILE | FR112.pdf |
June 4, 2018
Property Division: Living Together Before Marriage, Report 31
It is not uncommon for couples to live together before getting married. In some cases, they will acquire significant property, such as a home, furniture and a vehicle. While the Matrimonial Property Act [MPA] applies a presumption of equal division to property acquired during the marriage, it exempts the property acquired before the marriage. Consequently, the original value of that property is not divided on separation or divorce; only the increase in value of that property, from […]
| AREA OF LAW | Family Law |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Publications |
| FILE | RFD31.pdf |
October 31, 2017
Property Division: Common Law Couples and Adult Interdependent Partners, Report 30
In recent decades, it has become increasingly common for couples to live together without being legally married. Couples who live together in a marriage-like relationship without being legally married are often said to be living in a common-law relationship. In Alberta, there are no legislated rules for property division upon the breakdown of a common-law relationship. The Matrimonial Property Act applies only to married spouses. Property division for common-law partners is based on legal ownership and the […]
| AREA OF LAW | Family Law |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Publications |
| FILE | RFD30.pdf |
September 30, 2017
2017 Alberta Cohabitation Survey Results
In conjunction with its project on property division for common law couples and adult interdependent partners, ALRI partnered with the Population Research Lab at the University of Alberta to carry out a survey of Albertans’ attitudes and expectations towards cohabitation and property division. The survey resulted in 1,200 responses and helped guide the recommendations in Report for Discussion 30 – Property Division for Common Law Couples and Adult Interdependent Partners. Donna Fong, Rosanna Shih, and Dr. […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Other |
| FILE | AB_cohab_survey_results.pdf |
September 8, 2017