Cohabitation Agreements (Page 3 of 3) in pdf

Cohabitation Agreements Page 3

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The Dower Act of Alberta provides that where a person owns residential property within the

Province of Alberta, his or her spouse has a “dower interest” in that property. The property

cannot be sold or mortgaged with the prior consent of the spouse and, further, upon the

owner’s death his or her spouse is entitled to remain in possession of that property for the

rest of their life regardless of the directions in the owner’s Will. This legislation does not

apply to adult interdependent partners;

This is a rapidly changing area of the law. Very often, persons involved in a common-law (or adult

interdependent partnership) relationship do not know what rights and obligations are imposed upon

them as a result of the relationship. Furthermore, those rights and obligations may change over

time as the law evolves. Finally, in many cases, people do not know whether, or not, they have

“crossed the line” and entered into a common-law relationship. If a couple does not want all of the

rights and obligations that are imposed upon them, or may be imposed upon them, by operation of

law in future then they must specifically contract out of them.

It is extremely important, therefore, that couples consider the rights and obligations they wish to

have between themselves and document what they want in a formal Cohabitation Agreement.

BRIAN R. LIDDELL

Barrister and Solicitor

Cohabitation Agreements Page 3