Can We Make a Cohabitation Agreement After Living Together for Years in Ontario?

Yes, it is not too late. The Family Law Act lets two unmarried people who are cohabiting, or intend to cohabit, make a cohabitation agreement, so it can be signed after you have already moved in. It can set your rights and obligations during cohabitation, on separation or on death, including ownership or division of property and support.

Without an agreement, the default rules are limited. Common-law couples are not legally required to split property acquired while they lived together, and furniture and household items belong to the person who bought them. A partner who contributed to property the other owns may have a right to part of it, but may need to go to court. The agreement can cover ownership or division of property, support and other matters in settling your affairs, but it cannot fix decision-making responsibility or parenting time for children.

It must be in writing, signed by the parties and witnessed. Ontario's guidance advises that you speak to different lawyers and exchange financial information before signing. If you later marry, the agreement is deemed to be a marriage contract.