Cohabitation Agreement (Canada)
COHABITATION AGREEMENT
This Cohabitation Agreement (the "Agreement") is made as of [Effective Date] (the "Effective Date") between:
[Partner 1 Name], born [Partner 1 Date of Birth], of [Partner 1 Address] ("Partner 1")
- and -
[Partner 2 Name], born [Partner 2 Date of Birth], of [Partner 2 Address] ("Partner 2")
(collectively, the "Partners")
RECITALS
A. The Partners are or intend to become common-law partners and have been cohabiting or intend to begin cohabiting on [Cohabitation Date].
B. The Partners wish to establish their respective rights and obligations regarding property, finances, support, and other matters arising from their cohabitation, both during the relationship and in the event of separation.
C. Each Partner has made full and frank disclosure of their financial circumstances to the other, and each Partner is satisfied with the disclosure received.
D. This Agreement is a domestic contract within the meaning of the applicable family law legislation of the Province of [Province] and the applicable federal laws of Canada.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein, and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), the Partners agree as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 In this Agreement, "Cohabitation" means the Partners living together in a conjugal relationship. "Separation" means the date on which the Partners cease to cohabit with no reasonable prospect of reconciliation. "Pre-Existing Property" means any property owned by a Partner before the Effective Date or before the commencement of cohabitation, whichever is earlier. "Family Property" has the meaning ascribed to it under the applicable provincial family law legislation.
2. SHARED RESIDENCE
2.1 The Partners agree that their shared residence is located at [Residence Address], [Residence City], [Residence Province] [Residence Postal Code]. The residence is classified as: [Residence Ownership].
2.2 If the shared residence is owned solely by one Partner, the other Partner acknowledges that they have no ownership interest in the property by reason of this Agreement or the cohabitation, except as may be acquired through a separate written agreement or through a direct financial contribution to the purchase price or mortgage principal, as documented in writing.
3. PRE-EXISTING PROPERTY AND FINANCIAL DISCLOSURE
3.1 Full Financial Disclosure. Each Partner represents and warrants that they have provided full and frank disclosure of their income, assets, debts, and other financial liabilities to the other Partner. Each Partner acknowledges that they have had a reasonable opportunity to review and consider the other Partner’s financial information.
3.2 Partner 1’s Pre-Existing Assets. Partner 1 declares that they own the following pre-existing assets, which shall remain their sole and exclusive property: [Partner 1 Assets]
3.3 Partner 2’s Pre-Existing Assets. Partner 2 declares that they own the following pre-existing assets, which shall remain their sole and exclusive property: [Partner 2 Assets]
3.4 All Pre-Existing Property, including any property acquired by a Partner through gift, inheritance, or trust during the cohabitation, shall remain the sole property of that Partner and shall not be subject to division upon separation.
4. PROPERTY ACQUIRED DURING COHABITATION
4.1 Any property acquired by the Partners during the cohabitation period shall be treated as follows: [Acquired Property Rule]. Items of personal use, regardless of the method of acquisition, shall remain the sole property of the Partner who uses them.
4.2 The Partners agree to maintain records of significant purchases made during cohabitation, including receipts and proof of payment, to facilitate the fair division of property in the event of separation.
5. FINANCIAL ARRANGEMENTS
5.1 Household Expenses. The Partners agree that household expenses shall be shared [Expense Split]. For the purposes of this Agreement, shared household expenses include: [Shared Expenses].
5.2 Individual Earnings. The income, earnings, and property accumulations of each Partner, including those resulting from personal services, skills, talents, or employment during cohabitation, shall remain the exclusive property of the earning Partner.
5.3 Individual Bank Accounts. All bank accounts, RRSPs, TFSAs, and other registered or unregistered investment accounts held individually shall remain the sole property of the account holder.
6. DEBT ALLOCATION
6.1 Pre-Existing Debts. [Debt Rule]. Neither Partner shall be liable for any debt, obligation, or liability incurred by the other Partner before the commencement of cohabitation, and each Partner agrees to indemnify and hold the other harmless from any such pre-existing debts.
6.2 Debts During Cohabitation. [Future Debt Rule]. Neither Partner shall incur any debt or financial obligation in the other Partner’s name or on the other Partner’s credit without that Partner’s prior written consent.
7. SPOUSAL SUPPORT
7.1 The Partners acknowledge that the applicable provincial and federal laws may provide for spousal support rights for common-law partners and that a court retains the jurisdiction to review and vary any support provisions in this Agreement if the Agreement results in unconscionable circumstances or if there has been a material change in circumstances.
7.3 Nothing in this Agreement shall prevent either Partner from applying to a court of competent jurisdiction for spousal support if the provisions of this Agreement are found to be unconscionable or if the Partners’ circumstances change materially.
8. SEPARATION PROVISIONS
8.1 Termination. This Agreement shall terminate upon: (a) the mutual written consent of the Partners; (b) the marriage of the Partners to each other; (c) the death of either Partner; or (d) written notice by either Partner as provided below.
8.2 Notice of Termination. Either Partner may terminate this Agreement by providing [Notice Period] days’ written notice to the other Partner. Notice shall be delivered personally or sent by registered mail to the other Partner’s last known address.
8.3 Vacating the Residence. If the shared residence is owned solely by one Partner, the other Partner agrees to vacate the residence within [Vacate Period] days of the date of separation or the date notice is given, whichever is later. If the residence is jointly owned, the Partners shall negotiate the sale or buyout of the property in good faith.
8.4 Division of Property. Upon separation, each Partner shall retain their Pre-Existing Property and their individual earnings and accumulations. Joint property shall be divided in accordance with the terms of this Agreement. Personal belongings shall be returned to their respective owners within a reasonable time.
8.5 Dispute Resolution. Any dispute arising from or in connection with this Agreement shall be resolved by: [Dispute Resolution]. The costs of mediation or arbitration shall be shared equally unless the mediator or arbitrator orders otherwise.
9. INDEPENDENT LEGAL ADVICE
9.1 Each Partner acknowledges that they have been advised to obtain independent legal advice before executing this Agreement. Each Partner has had the opportunity to consult with a lawyer of their own choosing and at their own expense regarding the nature and consequences of this Agreement.
9.3 If either Partner has chosen not to obtain independent legal advice, that Partner acknowledges that they are doing so voluntarily and that they understand this may affect the enforceability of this Agreement.
10. GENERAL PROVISIONS
10.1 Entire Agreement. This Agreement constitutes the entire agreement between the Partners with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.
10.2 Amendments. This Agreement may only be amended by a written document signed by both Partners.
10.3 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
10.4 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of [Province] and the applicable federal laws of Canada.
10.5 No Intent to Marry. Nothing in this Agreement shall be construed as a promise or agreement to marry. If the Partners marry each other, this Agreement shall terminate and the Partners may enter into a new marriage contract.
10.6 Waiver. The failure of either Partner to enforce any provision of this Agreement shall not constitute a waiver of that Partner’s right to enforce such provision in the future.
10.7 Binding Effect. This Agreement shall be binding upon and enure to the benefit of the Partners and their respective heirs, executors, administrators, and legal representatives.
IN WITNESS WHEREOF, the Partners have executed this Cohabitation Agreement as of the Effective Date.
Partner 1
________________
Signature
Partner 2
________________
Signature
What Is a Cohabitation Agreement (Canada)?
A Cohabitation Agreement in Canada sets how an unmarried couple living together will hold property and support each other and divide assets if they separate, governed primarily by provincial family property legislation.
The definition of common-law partnership itself varies. For federal purposes (CRA tax filing, CPP, and government benefits), common-law status begins after 12 continuous months of cohabitation. Provincially, the threshold differs — British Columbia requires two years, Ontario requires three years (or any duration if the couple has a child together) for spousal support obligations under the Family Law Act. Manitoba's Common-Law Partners' Property and Related Amendments Act grants property rights after three years.
A cohabitation agreement allows partners to define their own property and support arrangements rather than relying on the default rules — or lack thereof — of their province. The agreement can address property owned before and during the relationship, shared expenses, debt allocation, and what happens if the relationship ends. If the couple later marries, many provinces automatically convert the cohabitation agreement into a marriage contract under the applicable family law statute.
The legal framework governing the Cohabitation Agreement (Canada) in Canada draws on several key statutes and regulatory bodies. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, protects consumer rights. Section 15 of the Canada Business Corporations Act governs corporate obligations. Provincial superior courts and the Federal Court of Canada have jurisdiction for civil matters. The Canada Revenue Agency (CRA) administers tax compliance obligations. Parties executing a Cohabitation Agreement (Canada) in Canada should confirm the document reflects current law, including any amendments enacted since the original drafting date. The applicable provincial family-property and common-law-partner legislation sets the foundational requirements.
When Do You Need a Cohabitation Agreement (Canada)?
A Canadian Cohabitation Agreement is needed when two people move in together and want to establish clear terms about property, finances, and support obligations. This is especially critical in provinces like Ontario, where common-law partners have no automatic property division rights — without an agreement, a partner who contributed to the household for years may have no legal claim to shared assets upon separation.
The Canada Cohabitation Agreement (Canada) agreement is essential when one or both partners own significant pre-relationship assets — a home, investments, a business, or an inheritance — and want to protect those assets from division upon separation. In British Columbia, where common-law partners receive full property division rights after two years, a cohabitation agreement is the only way to opt out of the default 50/50 division of family property accumulated during the relationship.
Couples with children from prior relationships need a cohabitation agreement to protect their children's inheritance expectations. Partners who contribute unequally to household expenses — where one partner earns significantly more or one partner stays home to care for children — should document the financial arrangement to avoid disputes about unjust enrichment, a common-law claim recognized by the Supreme Court of Canada in Kerr v. Baranow, 2011 SCC 10.
The agreement is also necessary when one partner is sponsoring the other for immigration to Canada, as it documents the genuine nature of the relationship and establishes financial obligations during the sponsorship period.
Parties in Canada should prepare a Cohabitation Agreement (Canada) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, protects consumer rights. Section 15 of the Canada Business Corporations Act governs corporate obligations. Provincial superior courts and the Federal Court of Canada have jurisdiction for civil matters. The Canada Revenue Agency (CRA) administers tax compliance obligations. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Cohabitation Agreement (Canada)
A valid Canadian Cohabitation Agreement must identify both partners with their full legal names, dates of birth, and current addresses. The date the cohabitation began (or will begin) must be stated, as this date triggers provincial timelines for common-law status and property rights under statutes such as British Columbia's Family Law Act (S.B.C. 2011, c. 25, s. 3) and Ontario's Family Law Act (R.S.O. 1990, c. F.3, s. 53). Each partner's pre-relationship assets and liabilities should be listed with approximate values — full financial disclosure is essential for enforceability, as the Ontario Superior Court of Justice and BC Supreme Court will set aside agreements obtained without proper financial disclosure under the principles established in LeVan v. LeVan, 2008 ONCA 388.
The property division provisions must specify how property acquired during the relationship will be divided upon separation — equally, proportionally based on contribution, or according to other agreed terms. Address the family home specifically — whether it is owned by one partner or jointly, how mortgage payments and maintenance costs are shared, and what happens to the home if the relationship ends. Include provisions for shared bank accounts, joint debts, and credit obligations. The Canada Revenue Agency (CRA) treats common-law partners the same as married spouses for income tax purposes after 12 months of cohabitation under the Income Tax Act (R.S.C. 1985, c. 1, 5th Supp.), affecting spousal RRSP contributions, pension income splitting, and the GST/HST credit under the Excise Tax Act (R.S.C. 1985, c. E-15).
Spousal support provisions should state whether the partners waive or agree to support obligations upon separation, and if support is agreed, the amount, duration, and conditions. Note that in some provinces, courts can override waiver clauses if the result would be unconscionable. The Supreme Court of Canada in Miglin v. Miglin, 2003 SCC 24, established a two-stage test for reviewing domestic contracts, including cohabitation agreements, on spousal support issues. In Quebec, support obligations are governed by the Civil Code of Quebec (CQLR, c. CCQ-1991), and the Commission des droits de la personne et des droits de la jeunesse enforces related anti-discrimination provisions.
Independent legal advice (ILA) is strongly recommended for both partners — while not legally mandatory in all provinces, its absence is the most common ground for challenging enforceability before provincial superior courts. Include a certificate of independent legal advice signed by each partner's separate lawyer. The agreement must be in writing, signed by both partners, and witnessed by an adult who is not a party. The governing law clause should reference the applicable Canadian province. Under Alberta's Adult Interdependent Relationships Act (S.A. 2002, c. A-4.9), Saskatchewan's Family Property Act (S.S. 1997, c. F-6.3), and Manitoba's Common-Law Partners' Property and Related Amendments Act, written cohabitation agreements are the primary instrument for protecting property rights outside marriage. Nova Scotia's Domestic Contracts Act (R.S.N.S. 1989, c. 126) and New Brunswick's Marital Property Act (S.N.B. 2012, c. 7) similarly permit cohabiting partners to contract out of default property rules. For same-sex couples, the rights established under the Civil Marriage Act (S.C. 2005, c. 33) apply equally. Where the agreement involves pension assets, the Pension Benefits Standards Act, 1985 (R.S.C. 1985, c. 32) governs federally regulated plans. The Canada Revenue Agency (CRA) treats spousal RRSP contributions, pension income splitting, and GST/HST credits the same for common-law partners as married spouses after 12 months of cohabitation. Under Canada law, the Personal Information Protection and Electronic Documents Act (PIPEDA, S.C. 2000, c. 5), administered by the Office of the Privacy Commissioner of Canada (OPC), governs any personal data exchanged. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
Sources & Citations
Statutory citations link to official government sources.
- R.S.C. 1985, c. C-34CA official
- R.S.C. 1985, c. E-15CA official
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Cohabitation Agreement (Canada) (Canada) [Legal document template]. Forms Legal. https://forms-legal.com/canada/personal/family/cohabitation-agreement-canada
"Cohabitation Agreement (Canada) (Canada)." Forms Legal, 2026, https://forms-legal.com/canada/personal/family/cohabitation-agreement-canada.
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note = {Free legal document template. Based on Provincial family-property / common-law-partner legislation}
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Frequently Asked Questions
Property rights for common-law partners in Canada vary significantly by province, making a written Cohabitation Agreement essential regardless of where you live. In British Columbia, the Family Law Act (S.B.C. 2011, c. 25, s. 3) grants common-law partners (called spouses) who have lived together in a marriage-like relationship for at least two years the same property division rights as married couples, including equal division of family property and family debt. In Ontario, the Family Law Act (R.S.O. 1990, c. F.3) does not grant common-law partners any automatic right to property equalization — without a cohabitation agreement, a separating Ontario common-law partner has no statutory claim to the other partner's property, regardless of how long they lived together. In Alberta, the Matrimonial Property Act (R.S.A. 2000, c. M-8) does not apply to common-law partners; rights arise only through unjust enrichment claims under common law. In Quebec, common-law partners (conjoints de fait) have no automatic property rights under the Civil Code of Quebec regardless of the duration of cohabitation. A cohabitation agreement is the essential instrument for couples in all provinces to define their property rights explicitly, regardless of the default legal position in their province.
Common-law status in Canada begins at different points depending on the purpose and the jurisdiction. For federal purposes — Canada Revenue Agency (CRA) income tax filing, Canada Pension Plan (CPP) survivor benefits, Old Age Security (OAS), and Employment Insurance (EI) — common-law status begins after 12 continuous months of cohabitation under the Income Tax Act (R.S.C. 1985, c. 1, 5th Supp.). This federal definition affects spousal RRSP contributions, pension income splitting, and the GST/HST credit. At the provincial level, timelines differ considerably: British Columbia's Family Law Act (S.B.C. 2011, c. 25) requires two years of cohabitation in a marriage-like relationship before property division rights arise; Ontario's Family Law Act (R.S.O. 1990, c. F.3) requires three years of cohabitation, or any period if the couple has a child together, before spousal support obligations can be claimed; Alberta's Adult Interdependent Relationships Act (S.A. 2002, c. A-4.9) recognizes adult interdependent partners after three years of cohabitation or immediately if there is a child; Manitoba's Common-Law Partners' Property and Related Amendments Act grants property rights after three years. In Quebec, no minimum period of cohabitation creates automatic property rights for conjoints de fait under the Civil Code of Quebec, regardless of duration. A cohabitation agreement can establish rights and obligations from the outset, independent of these statutory timelines.
Independent legal advice (ILA) for both partners is not legally mandatory in most Canadian provinces, but its absence is the most common ground on which cohabitation agreements are challenged and set aside by courts. Each partner should retain a separate, independent lawyer — not the same lawyer — who reviews the agreement and certifies that the client understood its terms and implications before signing. In Ontario, the Superior Court of Justice has set aside cohabitation agreements where one party lacked ILA and did not understand the agreement's effect on their rights under the Family Law Act (R.S.O. 1990, c. F.3). In British Columbia, the Family Law Act (S.B.C. 2011, c. 25, s. 93) gives the BC Supreme Court discretion to set aside all or part of an agreement that is significantly unfair, a test applied more strictly when ILA was absent. In Quebec, notarized domestic contracts provide a higher degree of evidentiary weight under the Civil Code of Quebec, and a notary can certify that both parties received advice on their rights under Quebec law. A certificate of independent legal advice, signed by each partner's lawyer and attached to the agreement, creates a strong evidentiary record that both parties received advice, understood the document, and signed voluntarily. Without ILA, a party who later regrets the agreement has a stronger basis to argue that they did not understand what they were signing, did not appreciate its implications, or signed under pressure — any of which can support a claim for rescission before the applicable provincial Superior Court.
A Cohabitation Agreement (Canada) does not legally require a lawyer in Canada, and individuals and businesses may draft and execute the document independently. The applicable provincial family-property legislation does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified Canada lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The Federal Court of Canada has jurisdiction over disputes arising from this type of document, and Corporations Canada may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
A Cohabitation Agreement (Canada) does not legally require a lawyer in Canada, though legal advice is recommended for complex transactions. Under Canadian law, individuals may draft and execute this type of document independently. The Competition Act (R.S.C. 1985, c. C-34) provides consumer protections. However, Corporations Canada, the Canada Revenue Agency (CRA), or provincial regulatory bodies may have specific requirements. For property transactions, provincial land title offices require qualified lawyers or notaries. PIPEDA and provincial privacy legislation impose obligations on parties handling personal data. Where disputes arise, provincial superior courts or the Federal Court of Canada have jurisdiction. Forms-legal.com provides this template as a starting point — always review with a qualified Canadian lawyer for significant transactions.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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