Publications
Alberta Dower Act Consultation Summary
This document summarizes the results of consultations ALRI conducted for the it’s law reform project on the Alberta Dower Act. ALRI ran two online surveys. Both surveys were open from 3 December 2021 to 7 March 2022. One survey was aimed at the general public – the general survey. Another survey was aimed at professionals who use the Dower Act in their work, including lawyers, real estate brokers and agents, landmen, and estate planners or administrators […]
| AREA OF LAW | Wills and Succession Family Law Property Real Property |
| TAGS | homeowner, trailer, bank, occupant, landmen, homeless, adult interdependent partner, estate plan, condo, life estate, home, homestead, house, husband, wife, disposition, real estate, partner, common law, consent, death, dower, lease, loss, mobile home, mortgage, owner, spouse, tenant |
| FORMAT | Publications |
| FILE | Dower_consultation_summary.pdf |
September 9, 2022
Family Maintenance and Support from the Estate of a Person Who Stood in the Place of a Parent, Final Report 117
Family Maintenance and Support from the Estate of a Person Who Stood in the Place of a Parent, Final Report 117 recommends that the Wills and Succession Act be reformed to allow a child to apply for family maintenance and support from the estate of a person who stood in the place of a parent. Who is a Person Standing in the Place of a Parent? To be in place of a parent a person must […]
| AREA OF LAW | Wills and Succession Family Law |
| TAGS | stepfather, stepmother, blended family, disability, stepchild, equality, stepparent, planning, in loco parentis, fairness, testamentary, child, common law, divorce, estate, family, freedom, maintenance, relief, succession, support, will |
| FORMAT | Publications |
| FILE | FR117.pdf |
January 25, 2022
Dower Act: Life Estate, Report for Discussion 37
The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | separate, vulnerable, life estate, adult interdependent parter, insolvent, planning, home, homestead, sell, disposition, ownership, transfer, real estate, common law, consent, dower, estate, Land, lease, mobile home, mortgage, spouse, will |
| FORMAT | Publications |
| FILE | RFD37.pdf |
November 24, 2021
Dower Act: Consent to Disposition, Report for Discussion 36
The Dower Act protects a spouse if the couple’s home is owned by the other spouse. It applies to a “homestead” which is a parcel of land where the owner lives or has lived. The Dower Act became law in Alberta over one hundred years ago. The last substantial reforms were in 1948. The Alberta Law Reform Institute’s (ALRI) research and consultation shows that the Dower Act functions largely as intended, but it is outdated […]
| AREA OF LAW | Wills and Succession Family Law Property |
| TAGS | separate, vulnerable, life estate, adult interdependent parter, insolvent, planning, home, homestead, sell, disposition, ownership, transfer, real estate, common law, consent, dower, estate, Land, lease, mobile home, mortgage, spouse, will |
| FORMAT | Publications |
| FILE | RFD36.pdf |
November 23, 2021
Property Division: Common Law Couples and Adult Interdependent Partners, Final Report 112
The Alberta Law Reform Institute recommends changes to the law for how common-law couples divide property if their relationship breaks down. This Report also recommends changes to the law for married couples who lived together before marriage and for adult interdependent partners who are not common law couples. Why is Law Reform Needed? 2016 Census data indicates that 320,260 Albertans consider themselves to be in common-law relationships. If common-law couples break up and cannot agree how […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Publications |
| FILE | FR112.pdf |
June 4, 2018
Property Division: Living Together Before Marriage, Report 31
It is not uncommon for couples to live together before getting married. In some cases, they will acquire significant property, such as a home, furniture and a vehicle. While the Matrimonial Property Act [MPA] applies a presumption of equal division to property acquired during the marriage, it exempts the property acquired before the marriage. Consequently, the original value of that property is not divided on separation or divorce; only the increase in value of that property, from […]
| AREA OF LAW | Family Law |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Publications |
| FILE | RFD31.pdf |
October 31, 2017
Property Division: Common Law Couples and Adult Interdependent Partners, Report 30
In recent decades, it has become increasingly common for couples to live together without being legally married. Couples who live together in a marriage-like relationship without being legally married are often said to be living in a common-law relationship. In Alberta, there are no legislated rules for property division upon the breakdown of a common-law relationship. The Matrimonial Property Act applies only to married spouses. Property division for common-law partners is based on legal ownership and the […]
| AREA OF LAW | Family Law |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Publications |
| FILE | RFD30.pdf |
September 30, 2017
2017 Alberta Cohabitation Survey Results
In conjunction with its project on property division for common law couples and adult interdependent partners, ALRI partnered with the Population Research Lab at the University of Alberta to carry out a survey of Albertans’ attitudes and expectations towards cohabitation and property division. The survey resulted in 1,200 responses and helped guide the recommendations in Report for Discussion 30 – Property Division for Common Law Couples and Adult Interdependent Partners. Donna Fong, Rosanna Shih, and Dr. […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | cohabitant, common law, division, divorce, enrichment, marriage, unjust |
| FORMAT | Other |
| FILE | AB_cohab_survey_results.pdf |
September 8, 2017
Towards Reform of the Law Relating to Cohabitation Outside Marriage, Issues Paper 2
Although at the time of the publication of this report, many aspects of legal marriages were regulated by both statute and the common law, cohabitation between unmarried couples was not. This paper addresses the issue of the law as related to heterosexual cohabiting couples (homosexual couples and purely economic relationships were not addressed) by reviewing the (then-current) law in Alberta, as well as raising several legal issues that needed to be considered regarding cohabiting couples. […]
| AREA OF LAW | Family Law Marriage & Divorce |
| TAGS | nonmarital, de facto, common law spouse, relationship, cohabitation, common law |
| FORMAT | Publications |
| FILE | IPNo.2.pdf |
October 4, 1987
Illegitimacy
| AREA OF LAW | Children Family Law |
| TAGS | illigitimate, unmarried, child, common law, family |
| FORMAT | Publications |
| FILE | urp-74_9-Illegitimacy_Shone.pdf |
January 2, 1974