Cohabitation Agreement Checklist for Ontario Couples

Moving in together is often a happy, practical decision, and talking about money at that moment can feel awkward. A cohabitation agreement lets you decide in advance how you will deal with property and money if the relationship ends, instead of relying on default rules.

This checklist is for couples getting ready to see a lawyer. It covers what the default rules are, what to gather, what topics to settle and what an agreement cannot do.

Why couples sign one

The default rules for unmarried couples are different from those for married spouses. Common law couples are not legally required to split property acquired while living together, and furniture, household items and other property belong to the person who bought them. They do not have the right to split the increase in value of property brought into the relationship.

A partner who contributed to property the other owns may have a right to part of it, but unless the other partner agrees to pay the contribution back, they may have to go to court. A cohabitation agreement can set out your property rights in advance.

What an agreement can and cannot do

A cohabitation agreement is a domestic contract setting out property rights. It cannot say who has decision-making responsibility or parenting time for the children. Decision-making responsibility covers significant decisions about a child's health, education, religion and other important matters, and parenting time is the time a child spends in a parent's care.

If you have or plan to have children, parents can write a parenting plan, either informally, in a separation agreement or in a court order, but an informal plan can be difficult to enforce. Child support is based on the number of children, the paying parent's province and that parent's annual income.

• Can address: who owns what, and how property is treated if you separate.
• Cannot address: decision-making responsibility or parenting time.
• Worth discussing with a lawyer: how the agreement interacts with support, since spousal support can be set by a negotiated agreement.

Checklist: documents and disclosure to bring

Each partner should be open about their finances so that the agreement reflects the real picture. How this applies to your situation is worth confirming with a lawyer. Start by gathering the following.

• Government photo ID for each partner.
• The date you began living together, and your current addresses.
• Recent tax returns and notices of assessment for each partner.
• Pay stubs, employment letters or business financial statements.
• Bank, investment and retirement account statements.
• Property documents: deeds, mortgage statements, and any property you own now.
• Lists of debts: loans, credit cards, lines of credit, student loans.
• Gifts or inheritances you have received or expect to receive.
• Any earlier agreements, separation agreements or court orders.
• Details of children from prior relationships and any support you pay or receive.

Checklist: topics to settle

If you rent, also note that an unmarried partner counts as a spouse under the Residential Tenancies Act only if they meet one of the listed tests, one of which is a cohabitation agreement under the Family Law Act.

Signing, changing and next steps

Changes to a cohabitation or marriage contract must be made in writing and signed in front of a witness. Each partner should speak to a different lawyer before signing. Separate lawyers help make sure each of you understands what you are agreeing to.

• Gather the documents above before your first meeting.
• Agree between yourselves on the main goals, then let each lawyer advise you.
• Book separate lawyers and allow time to review drafts.
• Ask your lawyer how the agreement should be signed, and keep copies of the signed agreement and your disclosure.
• Revisit the agreement after major changes such as a child, a move or a new property purchase, and record any change in writing with a witness.

Frequently asked questions