My ex says we were never common law in Alberta. What can I do?

When unmarried partners separate, it is not uncommon for one person to deny the significance of the relationship. This often happens when there are property or support issues involved.

In Alberta, the legal term is an "adult interdependent relationship." Whether a relationship qualifies as an adult interdependent relationship depends on a variety of factors.

Most commonly, the parties lived together in a relationship of interdependence for at least three years. Different rules can apply if the parties have a child together or entered into an Adult Interdependent Partner Agreement.

When determining whether a relationship was an adult interdependent relationship, the court will look at the overall nature of the relationship and whether the parties lived their lives together as a couple. No single document proves the relationship. Instead, the court considers all of the available evidence.

Evidence may include:

• Joint bank accounts or credit cards;

• Shared household expenses and bills;

• Joint ownership of a home, vehicle, or other assets;

• Joint loans or lines of credit;

• Tax returns filed as common-law;

• Insurance policies naming each other as beneficiaries;

• Pension or employment records identifying the other person as a spouse or partner;

• Mail showing both parties living at the same address;

• Engagements, vacations, and romantic holidays;

• Photographs and social media posts;

• Evidence that the parties attended family events together;

• Statements from friends, family members, neighbours, or coworkers regarding the relationship; and

• Evidence that the parties introduced each other as spouses or partners.

  
  

When unmarried partners separate, they generally cannot immediately file a claim for division of family property. In most cases, they must first be separated for one year. Once that one-year period has passed, they have two years to commence a claim. If a claim is not filed within that time, it may be barred by the applicable limitation period.

If one person is denying that the relationship rose to the level of an adult interdependent relationship, the issue may need to be decided by an arbitrator or a judge. The decision-maker will review the evidence and determine whether the relationship qualifies under the Adult Interdependent Relationship Act.

If it is determined that an adult interdependent relationship existed, the parties may then have rights relating to the division of family property and, in some circumstances, adult interdependent partner support.

If your former partner is denying the relationship, it is important to begin gathering documents and records as soon as possible. Our lawyers can help assess the evidence, explain your rights, and determine the best way to move your matter forward.

Nicholson Family Law regularly guides clients through separation in Calgary. Contact us to understand which path makes the most sense for your situation.