A cohabitation agreement helps unmarried couples in Ontario protect their rights and assets – learn who needs one and how it works.
Living together is an exciting step for any couple, but did you know that Ontario law doesn’t automatically protect unmarried partners? That’s where a cohabitation agreement comes in. This legal document helps couples avoid future disputes by clearly outlining rights and responsibilities. Here’s what you need to know.
What is a Cohabitation Agreement?
A cohabitation agreement is a legal contract between unmarried partners who live together. It covers important topics like:
- How property and debts will be divided if you separate
- Whether one partner will pay support to the other
- How shared expenses (like rent or bills) will be handled
Unlike married couples, unmarried partners in Ontario don’t have automatic rights to property or support under family law. A cohabitation agreement ensures you’re both protected.
Who Needs a Cohabitation Agreement?
Any unmarried couple sharing a home should consider one, especially if:
✔ You own property together (or one partner owns the home)
✔ One person earns significantly more than the other
✔ You have children from previous relationships
✔ You’re blending finances (joint accounts, shared debts, etc.)
Even if you trust each other completely, life can change. An agreement keeps things fair and clear for both partners.
How Do You Get a Cohabitation Agreement?
Creating a legally binding agreement involves a few key steps:
- Discuss Key Issues Together
Talk openly about finances, property, and expectations. This helps avoid surprises later. - Work with a Family Lawyer
Each partner should have their own lawyer to ensure the agreement is fair and enforceable. - Draft and Sign the Agreement
Your lawyers will prepare the document, which you’ll both sign in front of witnesses.
Why Skip the “We’ll Figure It Out Later” Mindset?
Without an agreement, Ontario’s laws may not protect you the way you’d expect. For example:
- Property stays with whoever owns it (even if the other partner helped pay the mortgage).
- No right to spousal support unless you qualify under strict rules.
A cohabitation agreement gives you control over what happens if your relationship ends.
Protect Your Future—Talk to a Lawyer Today
At Boardwalk Law, our Family Law team helps couples create fair, customized cohabitation agreements. We’ll guide you through the process with clear advice—no confusing legal jargon.
Contact us to book a consultation and secure your peace of mind.
