Common Law Relationships

SKU: 61875.09

This paper reviews the law in Alberta applicable to common law relationships. Divided in various sections, this paper begins with the historical development of property rights for common law individuals followed by a review of the most recent Supreme Court of Canada decision (Kerr) and its subsequent interpretation. Next, Walsh and more recent case law as well as legislative responses in the various provinces are discussed. The author also examines spousal support entitlement, the Adult Interdependent Relationships Act, and, finally, the entitlements under provincial, federal legislation, and private rules.

This paper was presented at the 46th Annual Family Law Refresher in April of 2013.

 

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