What is an Adult Interdependent Partner in Alberta?

Many Albertans in long-term common-law relationships assume they have no special property rights — that assumption is wrong and can have serious consequences when selling a shared home.

The Adult Interdependent Relationships Act

The Adult Interdependent Relationships Act (AIRA, RSA 2002) created the AIP designation for Alberta. An AIP relationship exists when two adults have lived together in a "relationship of interdependence" — typically defined as sharing one another's lives, being emotionally committed, and functioning as an economic and domestic unit — for at least 3 years, or in any period if they have a child together.

Formalizing AIP status

Two people can also become AIPs formally by entering a written Adult Interdependent Partner Agreement — a contract recognized under the AIRA that creates the legal relationship without the 3-year waiting period. This is useful for couples who want legal recognition without waiting, or who want to document their intentions explicitly.

Dower rights for AIPs

AIPs have the same Dower consent rights as married spouses with respect to the shared home. A person who is an AIP with the registered owner of a home must sign a Dower Consent form before the home can be sold or mortgaged. This applies even if the AIP's name does not appear on the title and even if the parties are separated (as long as the AIP relationship has not been legally terminated).

Property division on AIP separation

Unlike married spouses who have clear statutory rights under the Matrimonial Property Act, AIPs do not have the same automatic equal-division property rights. AIPs who separate may have claims based on unjust enrichment (where one party unjustly benefited from the other's contributions), resulting trust, or joint family venture — but these require a court action and are fact-specific. Some AIPs enter Domestic Contracts specifying how property will be divided if they separate.

AIP status and estate law

AIPs have inheritance rights under the Wills and Succession Act. If a person dies intestate (without a will), their AIP partner has priority rights to inherit. If a will excludes a financially dependent AIP, the AIP may apply for dependent relief — potentially encumbering the estate home's title during administration.

Frequently asked questions

How long do you have to live together to be an AIP in Alberta?

The standard threshold is 3 years of living together in a relationship of interdependence. However, if the couple has a child together, the AIP relationship is recognized immediately regardless of how long they've lived together. Couples can also formalize AIP status earlier by signing an Adult Interdependent Partner Agreement.

Does an AIP have to sign if the home is only in their partner's name?

Yes. The non-titled AIP must sign a Dower Consent form before the home can be listed or sold — the same requirement that applies to non-titled married spouses. Failure to obtain Dower Consent from an AIP can make the sale voidable by the non-consenting partner.

What happens to property when AIPs separate?

Unlike married spouses, AIPs do not have automatic statutory equal-division property rights under the Matrimonial Property Act. They may have claims based on unjust enrichment, resulting trust, or joint family venture. Resolving these claims typically requires either a Domestic Contract or a court application, both of which take time — meaning AIP separation disputes can complicate a home sale significantly.

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This page is for general information only and does not constitute legal or tax advice. Consult a qualified Alberta lawyer or accountant for advice specific to your situation.