What Is a Cohabitation Agreement in Alberta, and Is It Enforceable?

If you are moving in with a partner, you may wonder whether you should put your financial expectations in writing. A cohabitation agreement is one way to do that, and it can reduce arguments later about who owns what.

This article explains in plain terms what these agreements can cover, how they fit with Alberta's property and support rules, and why getting your own legal advice before signing is a sensible step.

This article covers the law of Alberta.

What a cohabitation agreement is

A cohabitation agreement is a written contract between two people who live together, or plan to, about how their money and property will be handled. It is not the same as an adult interdependent partner agreement, which is one way to become adult interdependent partners under the Adult Interdependent Relationships Act, with no minimum time together required.

Why does it matter? Without your own agreement, Alberta's default rules may decide things for you if you qualify as adult interdependent partners and later separate.

What it can include and how it fits with default rules

The Family Property Act applies to adult interdependent partners as well as spouses. Its rules apply to property obtained after the relationship of interdependence began. The Court is to distribute non-exempt property equally unless it would not be just and equitable to do so. Property received as a gift from a third party or by inheritance is generally exempt.

Adult interdependent partners can opt out of these rules by drafting their own property division agreement. Existing property agreements that were enforceable when signed remain enforceable. A written agreement can also help show what you intended, since the Court considers any agreement between the parties when deciding whether to divide property unequally.

• Property: what each of you owns now and how it would be divided.
• Support: whether and how your agreement deals with support depends on your situation, so it is worth confirming with a lawyer.
• Gifts and inheritances: how they will be treated, remembering the default exemptions above.

Is it enforceable?

Whether a particular agreement will hold up depends on how it was made and what it says. Property agreements that were enforceable when signed stay enforceable. On support, an agreement cannot vary an existing support order, and a court may depart from an agreement only if it is inequitable and one of the listed circumstances applies.

Where child support and partner support are both sought, the court gives priority to child support.

Independent legal advice and other formalities

People often hear that each partner should get independent legal advice before signing. The exact formalities that make an agreement hold up in Alberta depend on the kind of agreement and the facts, and a lawyer can confirm them for you.

As a practical matter, advice from your own lawyer, separate from your partner's, helps you understand what you are giving up. Alberta.ca says partners can write a separation agreement themselves but recommends speaking with a lawyer.

What to do next

• List what each of you owns and owes before moving in.
• Decide what you want to keep separate and what you want to share.
• Talk about support and what happens to a shared home.
• Each of you should speak with your own lawyer before signing.
• Review the agreement if your circumstances change, such as having a child.

Frequently asked questions