Common law couples selling property in Calgary face ownership and consent questions that can complicate the simplest transactions. When common law partners sell a home in Calgary, the proceeds, the signatures required, and the legal options available depend almost entirely on how the title was registered — not on the length of the relationship, the financial contributions made, or any informal understanding. Know where you stand before you list.
When a married couple sells their home, Alberta's Family Property Act and the Dower Act provide legal frameworks that protect both spouses regardless of whose name is on the title — both must consent to the sale, and both have presumptive rights to the proceeds. None of these protections apply to common law couples.
For common law partners, the legal position is simpler and more stark: the title determines everything. Who is registered on title, and in what proportion, determines who must sign the listing agreement, who is entitled to the proceeds, and who can legally prevent or compel a sale. Years of financial contribution, shared living, and mutual understanding do not override what is registered at the Land Titles Office.
This page explains exactly what each title structure means when you sell — and what your options are if the relationship has ended and the sale is complicated by disagreement, unequal contributions, or a partner who is not on title but believes they have a claim.
This page is general information only — not legal or tax advice. Always consult your family lawyer before listing or making any decisions about proceeds distribution. CalgaryListings Group works alongside your legal counsel.
Not sure what your title means for your sale? A confidential consultation costs nothing.
Book a Free CallThere are four common title situations we see with common law couples selling in Calgary. Each produces a completely different legal outcome. Find your situation below.
Understanding exactly how your situation differs from a married couple's is the fastest way to see what protections you have — and what you don't.
Common law couples who have lived together for at least 12 months (or who share a child) are treated as a family unit for the Principal Residence Exemption (PRE). This means only one property can be designated as the principal residence per family unit per year — even if each partner technically owns a separate property.
For most common law couples selling their shared home: If the home was your shared principal residence for all years you owned it together, the full PRE should eliminate capital gains tax on the gain. The PRE is claimed on the seller's personal tax return. If tenants in common, each partner claims their proportionate share of the exemption against their proportionate share of the gain.
If either partner owns another property: If one partner also owns an investment property or another residence, you cannot claim the PRE on both properties for the same year. You and your partner need to coordinate which property each year's PRE is applied to — this requires careful planning with your accountant, particularly if you have owned multiple properties during the relationship.
If only one partner is on title: The PRE is claimed by the on-title partner on their tax return. If they receive the full proceeds and claim the full PRE, there is generally no capital gains tax on the sale of a principal residence. However, the off-title partner who received a portion of the proceeds through a private arrangement should also consider the tax implications of that receipt with their accountant.
Always speak with your accountant before selling. The PRE calculation can be complex, particularly in situations with multiple properties, unequal ownership, or a relationship breakdown mid-ownership.
One of the most painful situations we encounter: a common law relationship ends, the on-title partner wants to sell and receive all proceeds, and the off-title partner — who contributed significantly to the mortgage, renovations, and expenses — believes they have a claim. Here is what the law says and what the options are.
In Alberta, an off-title partner in a common law relationship has no automatic ownership claim to a property they are not registered on — regardless of how much they contributed financially. There is no equivalent of the Family Property Act for common law couples. The courts have recognized that this can produce unfair outcomes, which is why constructive trust principles exist — but accessing them requires litigation.
A constructive trust claim requires the off-title partner to prove to the court that: (1) they contributed financially to the property (mortgage payments, renovations, down payment assistance), (2) the on-title partner was unjustly enriched by those contributions, and (3) there is a direct link between the contributions and the property's value. If successful, the court can award the off-title partner an interest in the property or a monetary payment equivalent to their contribution.
The practical reality: Constructive trust litigation is expensive (typically $15,000–$50,000+ in legal fees), time-consuming (often 1–3 years), and uncertain in outcome. The best protection is always a cohabitation agreement signed before or shortly after moving in together — not a lawsuit after the relationship ends.
If you are the off-title partner in this situation, speak with a family lawyer before the on-title partner lists the property. A court injunction can temporarily prevent a sale while a constructive trust claim is being established. Once the property is sold and proceeds distributed, recovering them becomes significantly more difficult.
We provide a detailed, documented Comparative Market Analysis establishing fair market value — the objective starting point for both a cooperative sale and any buyout negotiation between partners. If one partner wants to buy the other out, our valuation establishes what fair market value is, which the purchasing partner must pay.
We confirm who has signing authority, what documentation is required, and whether any legal complications (contested claims, court orders) need to be resolved before we proceed. We do not list properties into contested legal situations without guidance from both parties' legal counsel.
When both partners are on title and the relationship has ended, we represent the sale — not either partner individually. Both parties receive the same information. We do not take sides or advocate for one partner's preferred outcome. Our role is to maximize the net proceeds available for distribution — getting the best result from the Calgary MLS® so there is more for both partners to move forward with.
We work directly with your family lawyer throughout — confirming the legal framework for proceeds distribution, ensuring the purchase contract is structured correctly, and providing documentation needed for the legal closing. When both partners have separate legal counsel, we coordinate with both.
If one partner is buying the other out rather than selling, Calgary mortgage broker Al Zayat confirms the buying partner's ability to refinance in their own name — a requirement before any buyout can complete. We coordinate the timing of the valuation, the buyout negotiation, and the mortgage application to keep the process moving efficiently.
Everything discussed in our conversations with either partner remains confidential from the other. Buyers and other parties are never told the reason for the sale. Your personal and financial circumstances are never shared beyond what is necessary to complete the transaction.
A free, confidential consultation — we'll explain your options based on how your title is structured, connect you with the right legal counsel, and give you an honest picture of what your sale looks like from here.
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