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Cohabitation Agreement
Discover why Hilary from Angrove Law is known as a friendly, personable lawyer. Book a free call to start your cohabitation agreement for you and your partner.
A simple and affordable process to setting your own terms for your relationship.
Cohabitation Agreement Pricing Options:
#1 Simple CohaB Agreement
Duration
2 meetings
Price
$950
Kids
No Kids
Real Estate
1 PRoperTY
#2 Complex Cohab Agreement
Duration
2 meetings
Price
$950 - $1250
Kids
One or More Kids
Real Estate
2 or more properties
Steps to Getting a Cohabitation Agreement with Angrove Law
- Book a consultation meeting today! Meeting will take 15 minutes or less.
- Fill out the Angrove Law questionnaire and sign the legal services agreement.
- 45 minute meeting (in-person, virtual, by phone, or over e-mail) to confirm questionnaire and explain next steps.
- Wait while we draft your documents.
- Set up final meeting (in-person or over Zoom) to review the cohabitation agreement.
- Attend final meeting to confirm final version (45 minutes).
- The last step? We will send you a hardcopy of your agreement by registered mail signed by one of our lawyers. You still need to sign your agreement in the presence of two witnesses. Once signed, save your agreement somewhere safe and make any discussed changes to policies or estate planning documents.
What can you include in a cohabitation agreement?
- Real estate
- Debts
- Business Assets & Investments
- Inheritance
- Parental and spousal responsibilities
- Household expenses
- Rental Units
- And more!
Some items you may consider before your first meeting
- What property do you own? And, who is on title?
- Do you own any pets? Who will keep the pets if you separate?
- Do you have any children? If so, will your partner act as a parent?
- How will the household expenses be paid?
- Will you get inheritance? How will that be treated?
Common Co-hab Agreement Questions:
Yes you can download free cohabitation agreements that can be found online. However you’ll still end up fighting, because boilerplate online contracts are easily challenged in court. That’s why we always recommend to get your agreement completed with a lawyer that you trust and understand.
A cohabitation agreement is a contract signed between two people who are in a serious relationship and live together but are not married. In Canada, we call this type of relationship a common-law couple or civil partnership.
Common-law couples get agreements made for a variety of reasons. Either to protect their assets or to make sure assets are split equally upon separation. It’s a good ting to do! As an unmarried couple you are not protected by the law in the same way!
A common reason for getting a cohabitation agreement is because one partner is moving in with the other. And, the other partner owns the home. When there are two or less properties in question, this is a pretty simple cohabitation agreement.
If you are going to address that one person will remain the owner in a cohabitation agreement, you need to address other matters as well. Even if it is to say you are undecided. If you ever end up in court, the judges will wonder why you only considered real estate and wcould interpret it to mean that you wanted everything else split equally!
The best thing about drafting an agreement is that most things are your choice! Some couples will choose to have the terms of the agreement survive into their marriage. In Ontario, the agreement will be transferred to marriage unless there is a clause stipulating that you do not want it to.
Where some couples choose to have the agreement voided upon marriage, it is smart to agree on new terms in a domestic contract.
In your meeting with Angrove Law, we will discuss the options available to you and so you can move forward with the best choice for your circumstance.
Angrove Law is happy to provide independent legal advice to clients who are entering into a cohabitation agreement. Our independent legal advice is charged at our hourly rate. Contact Angrove Law for more details specific to your needs.
Example sections included in a Cohab Agreement
Background
Property & Assets
Spousal Support & Child Support
Debts
Background
In this section we include information about you and your spouse and your relationship. For example:
- Your Names
- Birthdays
- Work positions
- Date you moved in together
Property & Assets
In the agreement, you and you partner need a section where you agree on your property rights and obligations in the event of a breakdown of their relationship. Items included in this section could be:
- Real estate & mortgage ownership
- Life insurance
- Personal assets like cars or boats
- Investment accounts
- And more!
Spousal Support & Child Support
Spousal support and child support are not required as sections. If you do choose to include them some examples of terms include: releasing your common-law partner from paying spousal or child support. Or detailing specific parameters or trigger events to cause spousal support or child support upon separation. Support provisions can be very customizable to your specific needs and context but sometimes are not possible. At Angrove Law, we will help you navigate the dos and donts of this section.
Debts
This section identifies debt as joint (both of your debt) or individual debt. For example, you may want to keep student loans as separate, individual debt until marriage. Or perhaps, you want a term in the agreement that says neither of you can accumulate debt on behalf of the other person. There are some limitations to restricting debt. For example, if you enjoyed the fruits and fun of the debt then it might still be on you to share in the debt!
At Angrove Law, we will help you draft a section on debt that fits your relationship while informing you of any limits within the law.
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