Collaborative Divorce Alberta Blog

The division of property after separation in a common law relationship is going to change dramatically in Alberta on January 1, 2020. After this date, common law couples will have the same rights to property as married couples as a result of Bill 28 which will amend the Family Law Act in Alberta. That means that they will share all property accumulated during the common law relationship on a 50-50 basis after separation unless there are assets which are exempt from shared division, but these exemptions will be the same as for married couples. Family law in Alberta has always treated common-law couples differently than married couples. At present, common law couples, after separation, must rely on arcane legal doctrines to divide any property accumulated during the relationship. This includes resulting trusts, constructive trusts, unjust enrichment and other family law claims which are complex and provide vast discretion to the judge hearing the case. On the other hand, married couples, upon divorce or separation, can rely on the matrimonial property act which outlines a simple formula for the division of matrimonial property. All property accumulated during the marriage is divided 50-50 between the parties unless it meets one of the...