Cohab FAQs Answered

General

What is a cohabitation agreement?

It is a contract between unmarried partners – known as a common law couple – that sets out their legal rights and obligation when their relationship ends, either due to separation or death.

We are already cohabiting. Can we enter into a cohabitation agreement?

Yes you can. In fact, this is more common than you might think it is. For instance, if one spouse is about to enter a business, their partners may require them to do this. As a precondition to entering the partnership, a person may be required to enter into a cohabitation agreement stating that if they separate or pass away, their spouse will not make a claim on the business. This will allow the partners to be assured that a separation does not interfere with their business.

How much does a cohabitation agreement cost?

It depends on what you are looking for. You can see our fees here.

Do we need lawyers?

Sure, sure, we are lawyers so we recommend spending a lot of money on legal fees, right? Not at all! In fact, we are big proponents of self-help in law. However, with cohabitation agreements, the process of entering into them is as important as the actual content of the agreement.

So, if you don’t use a lawyer, a court can set aside your cohabitation agreement on the grounds that your partner did not understand what he or she was signing, or did not understand what his or her legal rights were, or was pressured into signing the contract. A lawyer will protect you against these things – a lawyer will explain what the agreement means, what the person’s family law legal rights are, and inquire into the circumstances surrounding the desire to enter into the contract. This is known as independent legal advice.

What happens to our cohabitation agreement if we marry?

Unless you specify to the contrary in your cohabitation agreement (and many couples choose to do so), your cohabitation agreement automatically becomes a marriage contract (prenuptial agreement) upon marriage.

Does a Cohabitation Agreement need to be notarized?

No, a cohabitation agreement does NOT get notarized. A cohabitation agreement only needs to be witnessed by another adult. You should not be around while your partner is signing the cohabitation agreement, and your partner should not be around while you are signing the cohabitation agreement. You and your partner should use different witnesses.

 

I have a question not answered above
No problem! Just email us on our contact form and we’ll get back to you within one business day.

You’re Invited to Call or E-Mail!

If you’re considering a cohabitation agreement — or have already made your decision — you’re invited to call or email us. We’ll explain for free how you can protect your assets and plan your estate. You can call us toll-free at (800) 407-2570 or email us using our contact form here. We can help you anywhere in Ontario, including Ottawa, Toronto, Mississauga, Brampton, and Hamilton.

Comments

  1. I found out that it is technically illegal to live with someone your not married to especially if they have a child. If my girlfriend is divorced, would getting a cohabitation agreement make it legal so she wouldnt lose her child? Her ex husband has made it clear he would press the issue if we attempt to move in together and I’m not ready for marriage so I need to know how to protect her child from this.

  2. Hilda Agyei says:

    Hi

    I would like to set up cohabitation agreement form.

    please contact me

    Hilda

  3. Want an agreement between my boy frind and I …we live together we bought a house but his name is on it because we could not use mine..but I paid down payment and most bills… now I want an agreement that in the event of his death i get the house and contents …contents are all mine to begin with….he has a daughter that hates me and im afraid if he were to die ,I would loose everyhting I worked so hard for….also an agreement in case I die that he would get all content in the house…cause my mother would try to get everyhting to sell it…..can this be done?

    • @Paulette – A cohabitation agreement can require that your boyfriend leave the house and its contents to you in his will (and vice versa – that you leave the house and its contents to him.

  4. Elizabeth Anne Krupop says:

    Hello,

    I am interested in the process of the requirements in order to produce a cohabitation agreement in Canada in the province of Ontario.

    Sincerely,

    Elizabeth A, Krupop

  5. Is the bronze package for $59 a do-it yourself form or are those free?

    • @Julie – They are do it yourself forms. The package comes with a template in Word format that shows what needs to be done to personalize it. The package also comes with instructions as to what each provision of the agreement means, and what you need to do to complete your agreement.

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Cohabitation Agreement Ontario