Cohabitation Agreement Template for Canada

The ideal time to create a Cohabitation Agreement is before moving in together or during the early stages of cohabitation. This timing lets partners set clear expectations while their relationship is positive and cooperative, rather than during a conflict or separation.

Common triggers for getting a Cohabitation Agreement include: buying property together, combining finances, starting a business, receiving a significant inheritance, or having children. It's particularly valuable when partners bring different assets into the relationship or when one person makes career sacrifices to support the household. Getting the agreement in place early protects both partners' interests under Canadian common-law rules.

• Living Together Contract: Basic agreement covering day-to-day living arrangements and shared expenses
• Cohabitation Prenuptial Agreement: Comprehensive version protecting pre-existing assets and future property rights
• Cohabitation Agreement Online: Simplified digital version for straightforward living situations
• Cohabitation Separation Agreement: Specifically addresses terms for ending the living arrangement
• Separation Agreement For Unmarried Couples: Detailed version focusing on asset division and support obligations post-separation

• Common-law Partners: The primary parties who sign and are bound by the Cohabitation Agreement, typically couples planning to live together or already cohabiting
• Family Law Lawyers: Draft and review agreements, ensure legal compliance, and provide independent legal advice to each partner
• Financial Advisors: Help partners understand and plan for financial implications of property division and support obligations
• Property Owners: Landlords or real estate agents who may need to understand how the agreement affects housing arrangements
• Adult Children: May be affected by inheritance rights or property arrangements outlined in their parents' cohabitation agreements

• Asset Inventory: List all property, investments, and debts each partner owns before moving in together
• Financial Details: Document current incomes, expected expenses, and how costs will be shared
• Living Arrangements: Outline housing details, ownership stakes, and maintenance responsibilities
• Future Planning: Consider potential scenarios like property purchases, inheritance, or career changes
• Support Terms: Decide on financial obligations if the relationship ends
• Documentation: Gather proof of assets, property valuations, and income statements
• Independent Review: Each partner needs time to review the draft agreement separately

• Identification Section: Full legal names, addresses, and occupations of both partners
• Property Division: Clear terms for separating jointly owned assets and handling pre-existing property
• Financial Obligations: Detailed breakdown of shared expenses, debts, and support arrangements
• Living Arrangements: Housing terms, maintenance responsibilities, and property ownership rights
• Separation Terms: Process for dividing assets and responsibilities if the relationship ends
• Disclosure Statement: Complete financial disclosure from both partners
• Governing Law: Specific reference to applicable provincial legislation
• Execution Clause: Dated signatures of both partners and witnesses

A Cohabitation Agreement differs significantly from a Arbitration Agreement in both purpose and scope. While both are legally binding contracts, they serve entirely different functions in Canadian law.

• Primary Purpose: Cohabitation Agreements establish property rights and financial obligations between unmarried partners living together, while Arbitration Agreements focus on resolving future disputes outside of court
• Timing of Effect: Cohabitation Agreements work continuously throughout the relationship, whereas Arbitration Agreements only activate when a dispute arises
• Legal Framework: Cohabitation Agreements fall under family law and provincial common-law legislation, while Arbitration Agreements operate under contract and dispute resolution law
• Scope of Coverage: Cohabitation Agreements cover daily living arrangements, property division, and support obligations; Arbitration Agreements only address the process for resolving conflicts