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I have been living commonlaw in Alberta for 8 Yrs. The house is in my name and was mortgage free, years before the relationship started. All the vehicles and stocks I have bought with my own money, I also have a pension through work.I have been told that because of the adult interdependancy act in Alberta.I have to split all assets I have acquired during the relationship and whatever the exhisting ones have appreciated. My ex had nothing to do with acquiring any of these assets, we had no joint accounts.I am willing to let her have 1/2 of house apprecation but I don't think it is fair to give her the rest.I paid all of the bills in the household insurance taxes and utilities.She was working the whole time and had a 42k a year job with full benefits.She turned her lease vehicle in and was driving one of mine for the last 1 1/2 years while she was deciding to buy or lease another vehicle.
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HI ronboy,
I agree with you, but I don't know the laws. I was common law with a boyfriend in Alberta for 9 years, living in the house he bought, in his name. When we split up, I went my way without even thinking of asking for 1/2 the appreciation in the house. It was my decision to live with him and pay part of the mortgage. It was also his decision to buy the house (before I met him), so he should benefit from that, not me. I would have been paying rent elsewhere anyway.
I REALLY don't understand women who are equal during a relationship, but suddenly feel they are "owed" something from the man when they split. I hope it works out and she just walks away because, like you said, what did she have to do with the pension or savings you accumulated from working while together? Especially with you paying ALL the bills. She should be thankful she had it so good and move on. Good Luck. -
The Adult Interdependent Relationships Act does not cover property division at all. However, she may have a claim on your assets under the common law principles of resulting and constructive trust. This is a tricky area of the law. You need to talk to a lawyer.Comment
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Alberta Interdependancy Act
Based on Canadian Legal FAQ, "Common Law" have been replaced by "Alberta Interdependency Relationship Act" in Alberta. From reading the new AIRA, it seems that what was not covered in "Common Law" is now covered in this act, if you qualify within the "act". This has become a large issue with myself as I am now going through divorce. Any legal advise would be great. Situation is as such; I moved in with her and kids (3) after short courtship, 2 1/2 yrs later she resigned from employment (ugly reasoning), I supported her/kids/household (everything) for 6 yrs 100%, the first 3 years were joint. 5+ years from the start, we refinanced, I was then on Title. One and half yrs after we married. SHE IS CLAIMING AN EXCEPTION ON HER HOME, although her prior EX was still involved via "Dower rights" until the refinance. Her exception cuts me out of 5.25 yrs from the home, includes me 1.5 yrs prior to marriage (refinancing). Sorry for the lengthy message, I believe the "Alberta Interdependency Relationship Act" now covers my rights and dis-allows her exception. Yet to confirm. any thoughts!
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