Family Law · Domestic Contracts · Ontario

Cohabitation Agreement
Ontario.

Moving in together is a major step. A cohabitation agreement protects both of you by clearly defining property rights, financial obligations, and what happens if the relationship ends.

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What Is a Cohabitation Agreement in Ontario?

A cohabitation agreement is a legally binding contract entered into by two people who are living together — or planning to live together — outside of marriage. In Ontario, it is a type of domestic contract governed by the Family Law Act. The agreement sets out how property, debts, and financial obligations will be handled during the relationship and in the event that the couple separates.

Unlike married spouses, common-law partners in Ontario do not have automatic rights to each other's property under the Family Law Act. Without a cohabitation agreement — and without legal protections that married spouses take for granted — a common-law partner may have limited recourse if the relationship ends, even after years of cohabitation and significant financial intertwining.

A well-drafted cohabitation agreement gives both partners clarity, security, and peace of mind. It does not signal distrust — it demonstrates maturity, transparency, and a shared commitment to fairness.

What Does a Cohabitation Agreement Cover?

Cohabitation agreements in Ontario can address a broad range of matters. A comprehensive agreement from Solvine Law will typically cover:

  • Property ownership: Which assets each partner owns separately and how any jointly-acquired property will be divided
  • Debts and liabilities: Who is responsible for existing debts and how new joint debts will be allocated
  • Contributions to property: How contributions to a shared home — including mortgage payments, renovations, and maintenance — will be treated
  • Income and expenses: How household expenses, joint savings, and individual financial obligations will be managed
  • Support obligations: Whether either partner will be entitled to spousal support if the relationship ends, and in what amount
  • Property acquired during cohabitation: Whether gifts, inheritances, or jointly-acquired items will be treated as shared or individual property
  • What happens on separation: The process for resolving disputes and dividing property if the relationship ends

Ontario cohabitation agreements can also address what happens if the couple later marries. The agreement can be drafted to automatically become a marriage contract (prenuptial agreement) upon marriage, providing continuity of protection regardless of how the legal relationship evolves.

Are Cohabitation Agreements Enforceable in Ontario?

Yes — cohabitation agreements are legally enforceable in Ontario when they meet the requirements of the Family Law Act. The key requirements are:

  • In writing: The agreement must be in writing.
  • Signed by both parties: Both partners must sign the agreement.
  • Witnessed: The signatures must be witnessed.
  • Independent legal advice: While not strictly mandatory under the Act, the absence of ILA is a significant factor courts consider when evaluating whether to set aside an agreement. Both parties should receive independent legal advice from separate lawyers.
  • Full financial disclosure: Both parties should disclose their assets, debts, and financial circumstances before signing.

Courts have set aside cohabitation agreements where one party was pressured into signing, did not understand the agreement, or received inadequate or no legal advice. Solvine Law ensures your cohabitation agreement is properly drafted, witnessed, and supported by independent legal advice — giving it the strongest possible foundation.

Common-Law Relationships in Ontario — The Legal Reality

Many Ontarians assume that after a certain period of living together — often cited as two or three years — they become "common-law spouses" with rights equivalent to married spouses. This is a significant misconception.

In Ontario, common-law partners do not have the same property rights as married spouses under the Family Law Act. A married spouse has an automatic entitlement to an equal share of the family home (the matrimonial home) and to equalization of net family property. A common-law spouse has no such automatic entitlement — unless they can establish a constructive or resulting trust claim, which requires costly litigation.

Common-law partners do have rights under the Family Law Act with respect to spousal support after three years of cohabitation, or earlier if they have a child together. But property — including the family home — remains governed by ownership, not cohabitation status.

A cohabitation agreement addresses exactly this gap. It allows you and your partner to define, in advance and by mutual agreement, how property and financial matters will be handled — so that you are not left to the uncertainty of litigation if the relationship ends.

How Solvine Law Prepares Your Cohabitation Agreement

At Solvine Law, we prepare cohabitation agreements that are tailored to your specific circumstances. The process is straightforward:

  1. Initial consultation: We discuss your situation, your assets and debts, your financial arrangements, and what you want the agreement to cover. This consultation is conducted virtually by video call.
  2. Financial disclosure: Both parties provide a summary of their assets, debts, income, and relevant financial information. Full and honest disclosure is essential for the agreement to be enforceable.
  3. Drafting: Solvine Law prepares a draft cohabitation agreement tailored to your circumstances. We will send you the draft for review before finalizing.
  4. Independent legal advice: Each party must review the agreement with their own separate lawyer before signing. Solvine Law can provide ILA for one party; the other party must retain independent counsel.
  5. Execution: Both parties sign the finalized agreement in the presence of a witness. The signed agreement is held by each party and can be registered if appropriate.

The entire drafting process is handled virtually. Solvine Law serves clients across Ontario — you can complete your cohabitation agreement without ever visiting a law office.

When Should You Get a Cohabitation Agreement?

The best time to enter a cohabitation agreement is before you move in together — ideally, well before, so neither party feels pressured and both have adequate time to review and reflect. However, a cohabitation agreement can be entered into at any point during a common-law relationship.

You should consider a cohabitation agreement if:

  • One or both partners own property, investments, or a business that they want to protect
  • One partner has significantly more assets or income than the other
  • Either partner has children from a previous relationship
  • Either partner has significant debts they do not want to share
  • You plan to buy property together and want clarity on ownership and division
  • One partner will be making significant non-financial contributions (such as leaving employment to care for children)
  • You want to ensure you both have clarity and security regardless of how the relationship evolves

The agreement is a gift of clarity — to your partner and to yourself.

Frequently Asked Questions

Common questions
answered.

How long does it take to get a cohabitation agreement?

Most cohabitation agreements are completed within two to four weeks of our initial consultation. This allows time for drafting, review, revisions, and ensuring each party receives independent legal advice before signing.

Does a cohabitation agreement become a prenuptial agreement if we get married?

Not automatically — but your cohabitation agreement can be drafted to expressly convert into a marriage contract (prenuptial agreement) upon marriage. Solvine Law routinely includes this provision. Alternatively, you can enter a new marriage contract when you marry.

Can we write our own cohabitation agreement?

While the Family Law Act does not require that a lawyer draft the agreement, a self-drafted agreement is significantly more vulnerable to challenge. Courts apply a high standard of scrutiny to domestic contracts. A professionally drafted agreement from Solvine Law is far more likely to withstand challenge.

What if my partner refuses to sign a cohabitation agreement?

A cohabitation agreement requires the voluntary consent of both parties — it cannot be forced. If your partner refuses, you may wish to consider whether property held in your sole name is adequately protected through other means. Solvine Law can advise you on your options.

Do we both need separate lawyers?

For the agreement to have the strongest legal foundation, each party should receive independent legal advice from a separate lawyer. Solvine Law represents one party. The other party must retain their own counsel.

What is the cost of a cohabitation agreement at Solvine Law?

Solvine Law charges a flat fee for cohabitation agreements. The fee varies depending on the complexity of your circumstances. Contact us for a quote specific to your situation.

Related Services
Prenuptial Agreement Ontario → Marriage Contract Ontario → Separation Agreement Ontario → Independent Legal Advice Ontario → Prenuptial & Postnuptial Overview →

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