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I live in Alberta, Canada. Does my same sex partner have any

 
Debra Thal's Avatar
  • Answered by:Debra Thal
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Customer Question

I live in Alberta, Canada. Does my same sex partner have any right to any inheritance I receive (early inheritance or future inheritance)?

 

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Province/Territory relating to question: Alberta

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Submitted: 226 days and 18 hours ago.
Category: Canada Law
Value: CA$47
Status: CLOSED
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Expert:  Debra Thal replied 226 days and 18 hours ago.

In Alberta common law spouses do not have property rights.

So your partner would not have a claim to an interest in any of your assets unless your partner contributed to their value.

In fact, if you marry your spouse will not have a claim to an inheritance received after you marry either as inheritance as well as gifts are exempt from being treated as assets to be shared.

Let me know if you need further clarification.

Customer replied 226 days and 17 hours ago.


I have been with my partner for six years. After two years I bought a house in my name. My partner had a bankruptcy and could not be on the mortgage. My parents have given and loaned me money for many things. The money from my parents went towards building a new barn. If I were to break up with my partner and he made a claim to the property would he also have claim to the barn on the same property?

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Expert:  Debra Thal replied 226 days and 17 hours ago.

Not unless he contributed to its value.

Customer replied 226 days and 17 hours ago.


So if I received 100,000 from my parents to build my barn and my partner only contributed 2,000, can my partner can make a claim for half of the value? My partner is not contributing fairly financially to the mortgage--even though he has made more money than me. He spends his money and then spends my money or "borrows" money from me and never repays it anymore. I am always in the hole with his spending.


 


It seems like your answer to my original question leads to other aspects dealing with the same question. Is there anyway you can tell me where to go to read all the information dealing with common law partner break ups for Alberta? The Act/Law?

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Expert:  Debra Thal replied 226 days and 16 hours ago.

If he paid $2000 it's not likely he would be entitled to an interest in the barn. Perhaps he could get the $2000 back.

But as this is your property and he is living there unless he is paying more towards the mortgage than fair market value rent it would not count as contributions.

Here is a good link that explains how this works:

http://www.slsedmonton.com/family/common-law-relationships/

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Category: Canada Law
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