Cohabitation agreements are a vital tool for unmarried couples in Canada who live together or plan to do so. These agreements allow couples to define their rights and responsibilities during the relationship and in the event of a separation. However, the legal framework governing cohabitation agreements varies significantly from one province or territory to another. While some provinces treat common-law relationships similarly to marriage for property division purposes, others offer little to no automatic protection. This guide provides a province-by-province overview of the relevant laws, helping you understand how cohabitation agreements work where you live, and why it’s essential to tailor your agreement to local legal requirements.
Table of Contents
- Cohabitation Agreement Ontario
- Cohabitation Agreement British Columbia
- Cohabitation Agreement Alberta
- Cohabitation Agreement Saskatchewan
- Cohabitation Agreement Manitoba
- Cohabitation Agreement Quebec
- Cohabitation Agreement New Brunswick
- Cohabitation Agreement Nova Scotia
- Cohabitation Agreement Prince Edward Island
- Cohabitation Agreement Newfoundland and Labrador
- Cohabitation Agreement Yukon
- Cohabitation Agreement Northwest Territories
- Cohabitation Agreement Nunavut
Cohabitation Agreement Ontario
In Ontario, cohabitation agreements are governed by the Family Law Act and are commonly used to protect property rights, exclude spousal support, or define roles during the relationship. Courts generally uphold these agreements if properly executed and not unconscionable at the time of enforcement.
Read more about cohabitation agreements in Ontario →
Cohabitation Agreement British Columbia
British Columbia treats common-law couples much like married spouses after two years of cohabitation, including property division. A cohabitation agreement under the Family Law Act can override default rules with clear terms.
Read more about cohabitation agreements in British Columbia →
Cohabitation Agreement Alberta
In Alberta, the Family Property Act applies to adult interdependent partners. A cohabitation agreement can opt out of statutory property division and clarify financial expectations and support obligations.
Read more about cohabitation agreements in Alberta →
Cohabitation Agreement Saskatchewan
Saskatchewan law allows common-law partners to claim spousal property rights after two years of cohabitation. A written agreement can vary or waive those rights under The Family Property Act.
Read more about cohabitation agreements in Saskatchewan →
Cohabitation Agreement Manitoba
Manitoba’s common-law partners can register their relationship to gain property rights. A cohabitation agreement can override those rights and is especially important for unregistered couples.
Read more about cohabitation agreements in Manitoba →
Cohabitation Agreement Quebec
Quebec does not grant property division rights to common-law partners, regardless of relationship length. A cohabitation agreement, called a “contract of cohabitation”,is essential for protecting interests.
Read more about cohabitation agreements in Quebec →
Cohabitation Agreement New Brunswick
New Brunswick allows unmarried partners to use cohabitation agreements to clarify property, support, and financial responsibilities. These agreements are especially useful given the lack of automatic entitlements.
Read more about cohabitation agreements in New Brunswick →
Cohabitation Agreement Nova Scotia
Nova Scotia provides limited rights to unmarried partners under the Matrimonial Property Act. A cohabitation agreement can help couples avoid uncertainty by setting out clear expectations in advance.
Read more about cohabitation agreements in Nova Scotia →
Cohabitation Agreement Prince Edward Island
PEI has no legislation automatically extending property division rights to common-law couples. A cohabitation agreement can be used to ensure fairness and financial clarity upon separation.
Read more about cohabitation agreements in Prince Edward Island →
Cohabitation Agreement Newfoundland and Labrador
In Newfoundland and Labrador, unmarried couples do not have automatic rights to property division. A cohabitation agreement provides legal clarity in case the relationship ends.
Read more about cohabitation agreements in Newfoundland and Labrador →
Cohabitation Agreement Yukon
Yukon’s Family Property and Support Act governs property division for common-law partners after two years. A cohabitation agreement can modify or exclude these default rules with mutual consent.
Read more about cohabitation agreements in Yukon →
Cohabitation Agreement Northwest Territories
The Northwest Territories applies similar property rules to married and common-law couples after two years. A cohabitation agreement can opt out of statutory provisions and define custom arrangements.
Read more about cohabitation agreements in the Northwest Territories →
Cohabitation Agreement Nunavut
Nunavut law recognizes common-law relationships for certain legal purposes, including support. A cohabitation agreement can protect individual assets and set financial expectations in advance.
Read more about cohabitation agreements in Nunavut →
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.
@Emily – Quebec uses a different legal system than the rest of Canada. Quebec law only grants spousal support rights to married people, not common law partners. This has been upheld as constitutional by the Supreme Court of Canada. However, signing a cohabitation agreement that explicitly sets out spousal support obligations can be done.
Are there different fees charged by you
for a simple 1 page 2-3 paragraph agreement
versus a more lenghtly 2-3 page agreement.
How many witnesses have to witness
both of us signing the agreement.
Thanks.
Sean
@Sean – our rates are flat rates regardless of the length of the cohabitation agreement. You can see them at:
https://www.cohabitationagreement.ca/get/
Each person needs one witness for the agreement.
There is an agreement in place. stating his house he sold and motorhome were his and the place we were living in was mine, all bills pertaining to the house were paid solely by me, the place is also only in my name. He has now squandered all his money and is almost broke — now he has filed for half of my place — will this agreement stand up in court (BC)
@Anna – In general yes, if the agreement was drafted by a lawyer, and both you and him were represented by lawyers. You really need a lawyer to go over the agreement with a fine tooth comb, and discuss with the lawyer the circumstances of your ex losing all his money.