Key takeaways
Moving in together? Don't leave your financial future to chance. Learn how a 'Common Law Prenup' protects your property and automatically evolves if you decide to marry.
Draft Your Cohabitation Agreement
Legal Review: This contract guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Part IV of the Family Law Act regarding domestic contracts.
A Cohabitation Agreement is a legal contract for unmarried couples that dictates how assets, debts, and spousal support will be handled if they separate. Since common law couples in Ontario do not have automatic property rights, this agreement is crucial for protecting your home and business from 'Unjust Enrichment' claims. A key benefit is that if you later marry, the Cohabitation Agreement automatically becomes a Marriage Contract, providing long‑term protection.
If only one person is on the title, the agreement clarifies that the other person gains no equity, even if they contribute to bills/repairs.
Protects your business or pension from "Joint Family Venture" claims where an ex demands a share of the value growth.
You can pre-determine or waive spousal support obligations, providing certainty if the relationship ends.
For spousal support, you become "Common Law" spouses after 3 years of continuous cohabitation, or sooner in a relationship of some permanence if you have a child together (Family Law Act, s. 29). During this phase, Ontario law is vague on property rights for unmarried couples. A Cohabitation Agreement fills that gap, clearly defining who owns what and preventing expensive Constructive Trust litigation if the relationship ends.
Under the Family Law Act, a valid Cohabitation Agreement transforms into a Marriage Contract (Prenup) the moment you wed. You do not need to sign a new document. This makes it a smart long‑term investment that evolves with your relationship automatically.
It cannot be an oral agreement. It must be signed by both parties and witnessed.
Each partner should disclose all significant assets and debts; failing to do so lets a court set the contract aside (Family Law Act, s. 56(4)(a)).
It is not a legal requirement, but it is strongly recommended: a court can set a contract aside if a party did not understand its nature or consequences (Family Law Act, s. 56(4)(b)).
Do not sign it the day you move in or the day of the wedding. Sign it well in advance.
Senior Family Lawyer
Deepa Tailor drafts robust cohabitation agreements that provide clarity and security for unmarried couples, preventing expensive 'constructive trust' litigation down the road.
View Full BioA Cohabitation Agreement is the smartest investment you can make before sharing a home. Get it right the first time.
Draft Your Cohabitation AgreementA domestic contract between unmarried partners that sets out property division, expense sharing, and spousal-support terms in case they separate.
Yes, if properly made — in writing, signed, and witnessed, with full financial disclosure and, ideally, independent legal advice for each party under the Family Law Act.
Yes. Under Ontario law it is deemed to become a marriage contract if the couple later marries (Family Law Act, s. 53(2)).