A: It is a myth that the parent who leaves the house automatically loses all property rights in the house. What rights the partner has depends on the specific law that applies in the situation and on the specific facts of the situation. Alberta’s Matrimonial Property Act (MPA) MPA presumes that the property of married couples is to be split 50-50. Depending on the facts, this 50-50 may cover the value of the house. If the couple are unmarried, then the MPA does not apply. Still, the common law of property may mean that the partner who leaves has property rights. The partner who leaves may be able to apply to court for an order that provides for possession of the house. Such an application can be made under the Family Law Act (FLA). An unmarried partner can use FLA to get possession of the house. A married partner can use FLA but only as long as no divorce or MPA action has started. Once the action has started, the FLA cannot be used. Only married people can apply to court under the MPA and the Divorce Act. The Divorce Act can give the applicant an order for exclusive possession for the house.
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