Cohabitation Agreement
A template agreement for common-law couples setting out property rights, financial obligations, and arrangements if the relationship ends.
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A cohabitation agreement is a legally binding contract between two people who are living together or intend to live together in a conjugal relationship outside of marriage. In most Canadian provinces, common-law couples do not automatically have the same property rights as married spouses. A cohabitation agreement defines each partner's rights and obligations during the relationship and on separation, providing clarity and protecting both parties.
What it typically covers
A well-drafted cohabitation agreement will address: ownership of property brought into the relationship; how jointly acquired property will be treated; financial support obligations during and after the relationship; responsibility for joint debts; what happens to the shared home if the relationship ends; and whether the agreement will convert to a marriage contract if the parties marry.
Legal requirements
To be enforceable, a cohabitation agreement must be in writing and signed by both parties before independent witnesses. Each party should obtain independent legal advice before signing. Courts can set aside an agreement if a party did not fully disclose their financial situation or if the agreement is unconscionable.