What is a Cohabitation Agreement?

A Cohabitation Agreement is a contract made between an unmarried couple (cohabitants) that want to live together, but want to protect their individual interests, as well as determine what rights and responsibilities each person has should the relationship end in the future.

What is the difference between cohabitation and marriage?

Although cohabitation and marriage have some similarities in that they both deal with topics like debt responsibilities, division of assets, support payments, and information regarding children, there are key distinctions between the two, such as: No formal or legal step is required to begin cohabiting. For marriage, the partners may need to obtain a marriage license, wait a certain period of time, or hire an officiant. The marriage process can differ from province to province. Ending a cohabiting relationship can be an informal process, depending on the specific terms and conditions outlined in the Cohabitation Agreement. Ending a marriage in Canada requires the formal process of filing for divorce or annulment. In the event of separation, property is dealt with according to what is stated in the Cohabitation Agreement. With divorce, the value of any shared property is generally equally divided between the two parties, although this can differ between provinces. A cohabitant generally does not have the ability to make decisions for the other person should they become ill, mentally incompetent (not of sound mind), or otherwise unable to make legal decisions on their own. Additional documentation, such as a ProductLink code="PWRATT" text="Power of Attorney" or ProductLink code="HEALTH" text="Health Care Directive", would provide the ability to do so.

What does a Cohabitation Agreement do?

A Cohabitation Agreement provides security for both partners by addressing how assets, property, and responsibilities regarding children and support payments will be dealt with should the relationship between the cohabitants end, either by separation or death of a partner. The agreement outlines matters, such as: Separation of assets : After separation, any property or items that were owned by one partner before the cohabitation will revert back to being owned by that partner. Any shared property acquired during the cohabitation is divided between partners. Debt responsibility : Shared debts, such as co-signed loans that both parties will be responsible for in the event of separation. Information on children : Any dependent children that one or both parties have an obligation to support after separation. Support payments : Financial support that may be payable to one of the parties depending on financial circumstances after separation.

Who should have a Cohabitation Agreement?

A Cohabitation Agreement is advisable for unmarried couples of all types, including heterosexual or same-sex couples. For couples in long-term relationships that do not wish to get married, a Cohabitation Agreement can offer similar rights that a married couple may have, such as division of property and/or assets, and support payments.

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COHABITATION AGREEMENT

THIS COHABITATION AGREEMENT (the "Agreement") dated this ________ day of ________________, ________.

BETWEEN:

_____________________
of _________________________

- AND -

_____________________
of _________________________

BACKGROUND

This Agreement is made between _____________________ and _____________________ (collectively the "Parties" and individually a "Party") who presently reside in a common-law relationship, although there is no present intention to marry.
The Parties wish to enter into this Agreement to provide for the status, ownership, and division of property between them, including future property owned or to be acquired by either or both of them.
The Parties further wish to affix their respective rights and liabilities that may result from this relationship.
The Parties recognize the possibility of unhappy differences that may arise between them. Accordingly, the Parties desire that the distribution of any property that either or both of them may own will be governed by the terms of this Agreement and, insofar as the statutory or case law permits, intend that any statutes that may apply to them, either by virtue of Federal or Provincial legislation, will not apply to them.
Each Party has retained their own lawyer and has received independent legal advice regarding the terms of this Agreement.
The Parties acknowledge that neither is under any duress or undue influence of the other, and that they are voluntarily entering into this Agreement.
The Parties have disclosed to the satisfaction of each of them all assets and liabilities that each may have.

NOW THEREFORE in consideration of the upcoming cohabitation agreement, and in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows:

PROPERTY
The Parties acknowledge that this Agreement will govern any determination of ownership of property that may occur in the event of the Parties separating, or upon the death of a Party.
All jointly acquired or jointly held property, however and whenever acquired, will remain the property of and be owned by both Parties and will be treated as shared property (the "Shared Property").
In the event of the Parties separating, or upon the death of a Party, all Shared Property will be deemed to be owned equally and each Party will be entitled to fifty percent (50%) of the net equity of the property, regardless of the initial or ongoing proportion of each Party's investment, unless the Parties have agreed otherwise in writing.
Except as otherwise provided in this Agreement, all property will be treated as property owned solely by either one of the Parties (the "Separate Property") except where:
1. it is Shared Property; or
2. there is proof of shared legal ownership.
Nothing in this Agreement will prevent or invalidate any gift, or transfer for value, from one Party to the other of present or future property.
Unless a Party can reasonably show that they solely own a piece of property, where either Party commingles jointly owned property with Separate Property, any commingled property will be presumed to be Shared Property.
DEBTS
The Parties acknowledge that this Agreement will govern any determination of responsibility of debts that may occur in the event of the Parties separating, or upon the death of a Party.
All jointly acquired or jointly held debts, however and whenever acquired, will remain the debts of and be owed by both Parties and will be treated as shared debts (the "Shared Debts").
Except as otherwise provided in this Agreement, all debts will be treated as debts owed solely by either one of the Parties (the "Separate Debts") except where:
1. it is Shared Debt; or
2. there is proof of shared legal responsibility.
In the event of a separation, or upon the death of a Party, all Shared Debt will be deemed to be owed equally and each Party will be financially responsible for 50% of any jointly acquired or jointly held debt, regardless of the initial or ongoing proportion of each Party's borrowed amount, unless the Parties have agreed otherwise in writing.
HOUSEHOLD EXPENSES
Each Party will pay fifty percent (50%) of the Parties’ household expenses.
The Parties’ household expenses will be paid out of a joint bank account (the “Joint Account”).
SUPPORT
The Parties agree that the investment of time or labour with respect to personal service in the property of the other, or otherwise, will be deemed to have been made gratuitously, and without expectation or right of compensation unless agreed to the contrary in writing.
It is the intention of the Parties to forever release each other from any support obligations now and in the future no matter how their circumstances may change. They will not apply now or in the future under any legislation for support. They each waive any rights they may have to proceed against the other under any law or statute for support and rely upon the law of contract to govern in respect of this issue.
The Parties realize that their respective financial circumstances may be altered in the future by changes in their health, the cost of living, their employment, their marital status, the breakdown of their relationship, or otherwise. No such changes will give either Party the right to seek support under any legislation. It is understood by each Party that this Agreement represents a final disposition of all support issues between them.
ESTATES AND TESTAMENTARY DISPOSITION
Nothing in this Agreement will limit or affect any rights that each may acquire as a common-law partner or common-law partner in the property, assets or estate of the other common-law partner.
Nothing in this Agreement will invalidate or prevent either Party from naming the other as a beneficiary by will or other testamentary disposition.
SEVERABILITY
Should any portion of this Agreement be held by a court of law to be invalid, unenforceable, or void, such holding will not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree that the portion so held to be invalid, unenforceable, or void, will be deemed amended, reduced in scope, or otherwise stricken only to the extent required for purposes of validity and enforcement in the jurisdiction of such holding.
INTENTION OF THE PARTIES
Notwithstanding that the Parties acknowledge and agree that their circumstances at the execution of this Agreement may change for many reasons, including but without limiting the generality of the foregoing, the passage of years, it is nonetheless their intention to be bound strictly by the terms of this Agreement at all times.
DUTY OF GOOD FAITH
This Agreement creates a fiduciary relationship between the Parties in which each Party agrees to act with the utmost of good faith and fair dealing toward the other in all aspects of this Agreement.
FURTHER DOCUMENTATION
The Parties agree to provide and execute such further documentation as may be reasonably required to give full force and effect to each term of this Agreement.
TITLE/HEADINGS
The headings of this Agreement form no part of it, and will be deemed to have been inserted for convenience only.
ENUREMENT
This Agreement will be binding upon and will enure to the benefit of the Parties, their respective heirs, executors, administrators, and assigns.
GOVERNING LAW
The laws of the Province of will govern the interpretation of this Agreement, and the status, ownership, and division of property between the Parties wherever either or both of them may from time to time reside.
TERMINATION OR AMENDMENT
This Agreement may only be terminated or amended by the Parties in writing signed by both of them.

IN WITNESS WHEREOF the Parties have hereunto set their hands and seals on the ________ day of ________________, ________.

SIGNED, SEALED AND DELIVERED
In the presence of:

_____________________________
Witness
Printed Name: _________________

________________________
_____________________

_____________________________
Witness
Printed Name: _________________

________________________
_____________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE PROVINCE OF
CITY OF _______________

I, ____________, of the City of ___________________, in the Province of , Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by _____________________, named in the within instrument, being a Cohabitation Agreement, separate and apart from _____________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of the said Cohabitation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from _____________________, or any other person.

DATED at the City of ___________________, in the Province of this ____________ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _____________

I, _____________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.

________________________
_____________________

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE PROVINCE OF
CITY OF _______________

I, ____________, of the City of ___________________, in the Province of , Barrister and Solicitor, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by _____________________, named in the within instrument, being a Cohabitation Agreement, separate and apart from _____________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of the said Cohabitation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from _____________________, or any other person.

DATED at the City of ___________________, in the Province of this ____________ day of _________, 20___.

________________________
BARRISTER & SOLICITOR
Print Name: _________________

I, _____________________, the person named in the annexed Agreement, hereby acknowledges the foregoing this ____day of ______________20___.

________________________
_____________________

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