More and more couples in Ontario are choosing to live together without getting married. While this may feel less formal, it can have serious legal implications — especially if the relationship ends. If you’re in a common-law relationship in Ontario, it’s important to understand your legal rights and whether you should consider a cohabitation agreement.
This guide breaks down what cohabitation agreements are, what they cover, and why consulting a family lawyer in Brampton or anywhere in Ontario may be in your best interest.
What Is a Cohabitation Agreement?
A cohabitation agreement is a legally binding contract between two people who are living together in an intimate relationship but are not legally married. It outlines the rights and responsibilities of each partner — during the relationship and if it ends.
A well-drafted agreement can address:
- Property ownership
- Spousal support (or waiver of it)
- Responsibility for shared debts
- Financial contributions and expenses
- How assets will be divided if you separate
In Ontario, these agreements are governed under the Family Law Act and can be enforced by the courts, provided legal standards are met.
Why Do Unmarried Couples in Ontario Need One?
Unlike married spouses, common-law partners do not automatically have property rights upon separation in Ontario. This often leads to confusion and disputes when a relationship breaks down.
Here’s why a cohabitation agreement is essential:
1. Property Protection
Without an agreement, you may not be entitled to any share of a home or asset purchased by your partner — even if you contributed to it financially or otherwise.
2. Clarifying Spousal Support
Under Ontario law, common-law partners may be eligible for spousal support if they’ve lived together for at least 3 years or have a child together. A cohabitation agreement can help clarify or waive such claims ahead of time.
3. Avoiding Future Conflict
Agreements reduce the emotional and financial stress of a breakup by setting expectations early on, saving both parties from potential court battles.
What Can You Include in a Cohabitation Agreement?
Permitted Clauses
- Property division
- Financial responsibilities
- Spousal support terms or waiver
- Asset ownership (e.g., real estate, vehicles)
- Debt responsibilities
Not Permitted
- Child custody or support arrangements (these are determined by courts based on the child’s best interests)
- Anything illegal or unconscionable
Are Cohabitation Agreements Legally Binding in Ontario?
Yes — but they must meet the following legal requirements:
- The agreement must be in writing and signed by both parties
- Each party must receive independent legal advice
- Both partners must fully disclose their finances
- It must be witnessed
Failure to meet these requirements could result in the agreement being challenged or overturned in court.
Can a Cohabitation Agreement Become a Marriage Contract?
Absolutely. If you marry after signing a cohabitation agreement, it can automatically be treated as a marriage contract (prenuptial agreement) — unless the original document states otherwise. This makes the agreement even more valuable as your relationship evolves.
Real-World Scenarios That Show the Value
Scenario 1: Buying a Home Together
Alex and Emily purchase a home in Brampton but only Alex is on the title. Without a cohabitation agreement, Emily could walk away with nothing even after years of contributing to the mortgage and upkeep.
Scenario 2: Unequal Income or Assets
Mark earns significantly more than Sarah. With a cohabitation agreement, both parties can protect what they bring into the relationship while agreeing on how future assets are shared or divided.
Why Work With a Local Family Lawyer in Brampton?
Drafting a cohabitation agreement that stands up in court requires professional legal guidance.
A family lawyer in Brampton will:
- Ensure the agreement meets Ontario’s legal standards
- Provide independent legal advice
- Help you and your partner understand your rights and obligations
- Customize the agreement based on your unique situation
Having a local lawyer also means better access to in-person support and understanding of Brampton’s family law landscape.
Also Read: Separation Agreement – What You Need to Know Before Signing
Final Thoughts
A cohabitation agreement is not just a legal formality — it’s a smart, proactive way to protect your assets, clarify responsibilities, and avoid conflict if the relationship ends. Whether you’re moving in together, buying a home, or blending families, this legal tool ensures peace of mind for both partners.
If you’re living in a common-law relationship in Ontario, or planning to move in with your partner, now is the right time to speak with an experienced family lawyer.