Many Alberta couples believe that if they never marry, they keep what is theirs. Since 2020, that is no longer true. Once you become adult interdependent partners, the same property division rules that apply to married couples can apply to you.
A cohabitation agreement lets you and your partner decide, in advance, what happens to your home, savings and debts if you separate. Shim Law’s Calgary family lawyers draft, review and negotiate cohabitation agreements, and give the independent legal advice Alberta law requires.
- For couples moving in together, already living together, or buying a home together
- Drafting, review of your partner’s draft, and independent legal advice
- Service in more than 20 languages, including Korean, Mandarin, Spanish and Tagalog
Call (403) 476-2011 or book a consultation.
When Common-Law Partners Gain Property Rights in Alberta
Alberta uses the term “adult interdependent partner” (AIP) for what most people call common-law. You become AIPs if you:
- Live together in a relationship of interdependence for at least three years
- Live together in a relationship of some permanence and have a child by birth or adoption
- Sign an adult interdependent partner agreement
On January 1, 2020, Alberta’s Matrimonial Property Act became the Family Property Act and began to cover adult interdependent partners. If you separate, property gained during the relationship is generally shared equally.
Many couples miss one detail. For AIPs, the shared period can start on the day you began living together, not the day you became AIPs. Property bought in those first years can be divided too. Learn how courts decide property division after a common-law separation.
What a Cohabitation Agreement Can Cover
- The home. Who owns it, who paid the down payment, and how equity is shared if you separate. This matters most when one partner moves into a home the other already owns.
- Property you bring in. Savings, investments, vehicles and other assets you owned before moving in.
- Shared expenses. How you split rent or mortgage payments, bills and joint accounts.
- Debts. Who is responsible for student loans, credit cards and other debts.
- Partner support. Whether support will be paid if you separate, and on what terms.
- Gifts and inheritances. Whether they stay separate.
- If you marry later. Whether the agreement continues as a marriage contract.
An agreement cannot decide parenting or child support for good. A court always decides parenting based on the child’s best interests, and child support must meet the Federal Child Support Guidelines. Learn more about child support in Calgary.
What Happens Without an Agreement
If you separate as AIPs with no agreement, the Family Property Act decides for you. In general:
- Property gained during the relationship is shared equally
- Growth in value of property you brought in is usually shared
- A partner may be able to claim support
- Disputes over when the relationship began, or whether you were AIPs at all, can add months of conflict and cost. Read how to prove a common-law relationship in Alberta.
Couples who separate before they become AIPs are not covered by these rules. Their claims are often decided under older, less predictable legal tests, which is another reason to put terms in writing.
Want to see what equal division could mean for you? Our free property division calculator gives a quick estimate under Alberta’s rules.
Making a Cohabitation Agreement Enforceable
Alberta has strict signing rules. If they are missed, the agreement may not protect you.
- In writing and signed by both partners.
- Independent legal advice. Each partner meets their own lawyer, separately, even if you worked out the terms together.
- Written acknowledgment. Each partner confirms, in front of their own lawyer, that they understand the agreement, know what rights they are giving up, and are signing freely.
- Full financial disclosure. Each partner shares their income, assets and debts.
Timing matters for common-law couples
Most couples sign before they become AIPs, often when they move in. The Family Property Act is not clear on how it treats agreements signed before AIP status begins. We draft with this in mind, and we can help you confirm or re-sign the agreement once you become AIPs, so it is not left open to challenge.
How the Process Works
- Consultation. Ideally before you move in or buy a home. We confirm whether you are AIPs yet, and what you each own today.
- Financial disclosure. You each record what you own and owe, with values as of your move-in date where possible.
- Drafting. We draft terms for today, and for what happens if you later become AIPs or marry.
- Negotiation. The two lawyers resolve open points, which often involve the home and shared expenses.
- Independent legal advice and signing. Each partner meets their own lawyer and signs. We note the date you expect to become AIPs.
- Review later. We suggest a review when you become AIPs, buy a home, have a child or marry.
What to Bring to Your First Meeting
For common-law couples, dates matter as much as dollars. Bring what you can from this list.
- The date you moved in together, or plan to
- What each of you owned on that date, with rough values: savings, investments, vehicles and any home
- For a home: the title, mortgage statement and records of who paid the down payment
- Recent statements for bank accounts, investments, RRSPs, TFSAs and pensions
- Statements for debts, such as student loans, car loans and credit cards
- Your last three years of tax returns
- Notes on how you share rent or mortgage payments and household bills
- Any plans to buy property, have children or marry
Why Choose Shim Law
- Family law focus. We handle property division and support cases for common-law couples, so we draft knowing how agreements are tested.
- One firm for the home and the agreement. Shim Law also has real estate lawyers, so if you are buying a home together, we can handle the purchase and the agreement.
- Over 20 languages. We can explain your agreement in your first language.
- Planned for the AIP date. We build in a plan for the day you become AIPs, so your agreement does not leave a gap.
Frequently Asked Questions
Do common-law couples in Alberta split property 50/50?
Often, yes. Since January 1, 2020, adult interdependent partners who separate are generally subject to equal division of property gained during the relationship, unless they have a valid agreement.
When should we sign a cohabitation agreement?
Ideally before or soon after you move in, and before buying property together. If you already live together, it is not too late.
Is a cohabitation agreement the same as an adult interdependent partner agreement?
No. An adult interdependent partner agreement makes you AIPs right away. A cohabitation agreement sets out how property, debts and support are handled. The names sound similar but they do very different things.
What happens to our cohabitation agreement if we get married?
It depends on the wording. A well-drafted agreement says whether it continues after marriage. If yours does not, you may need a prenuptial agreement before the wedding.
My partner and I agree on everything. Do we still need two lawyers?
Yes. Even when you agree, Alberta law requires each partner to get independent legal advice from a different lawyer. Without it, the agreement may not protect either of you.
How much does a cohabitation agreement cost in Calgary?
Couples with simple finances often need a shorter agreement, which costs less. A home, a business or uneven savings add time. We give you a fee estimate at your first consultation, before any work begins.
Protect What You Are Building Together
Moving in together is a big step. A clear agreement means you both know where you stand. Talk to a Calgary family lawyer at Shim Law about your cohabitation agreement.
Call (403) 476-2011 or book a consultation.
