Cohabitation Agreement Template

Here is a template of some of the terms that may be included in a cohabitation agreement:

COMMENCEMENT

• Names of parties

RECITALS

• Date of cohabitation or intended cohabitation
• Purpose of agreement
• Children from previous relationships

PROPERTY DIVISION

• Property existing on date of cohabitation
• All property to be kept separate
• Some property to be kept separate
• Particular items of property to be kept separate (e.g. a home or business)
• Joint property to be divided equally
• Some property to be shared equally
• Property acquired after cohabitation to be shared equally
• Sharing increases in net equity of property
• No constructive or resulting trust interests in property
• No quantum meruit claims
• Gifts between the parties
• Valuation of property upon separation or death
• Sale of property upon separation or death
• Resolving property disputes

SUPPORT OBLIGATIONS

• No spousal support
• No spousal support if short-term relationship, lump sum spousal support if medium-term relationship, regular spousal support if long-term relationship
• Spousal support only payable if there are children or one party is disabled
• Calculation of spousal support on separation
• Length of spousal support on separation

HOUSEHOLD EXPENSES

• Treatment of living expenses during relationship
• Treatment of finances during relationship

MATRIMONIAL HOME

• Description of matrimonial home
• Ownership of matrimonial home
• Payment of home expenses
• Changes in ownership of matrimonial home due to length of relationship
• Division of proceeds of sale of matrimonial home
• Upkeep of matrimonial home
• Renovations to matrimonial home
• Possession of matrimonial home on separation or death
• Option to purchase matrimonial home on death of other party
• Furnishings in matrimonial home

BUSINESS INTERESTS

• Joint corporate interests
• Sale of business
• Valuation of business upon separation or death
• One party working for other party’s business
• Shotgun Buyout

OTHER PROPERTY

• Cottages
• Investment properties
• Pensions
• Life Insurance
• Debts

TAX CONSEQUENCES

• Tax consequences of transfers of property on separation or death

ESTATE PLANNING

• Division of assets on death (can be different than from division upon separation)

MISCELLANEOUS

• Legal expenses for negotiation and preparation of cohabitation agreement
• Enforcement of cohabitation agreement
• Entire agreement
• Severability of terms of agreement
• Jurisdiction of laws of agreement
• Independent legal advice regarding cohabitation agreement
• Financial disclosure
• Effective date of agreement
• Parties’ signatures

You’re Invited to Call or E-Mail!

If you’re considering a cohabitation agreement — or have already made your decision — you’re invited to call or email us. We’ll explain for free how you can protect your assets and plan your estate. You can call us toll-free at (800) 407-2570 or email us using our contact form here. We can help you anywhere in Ontario, including Ottawa, Toronto, Mississauga, Brampton, and Hamilton.

Comments

My common law wife and want to make arrangements for property in my name so that 50% of the property is her’s upon separation and 100% of the surviving party in the event of death of one of us. Don’t know what we want to do in the event of death of both parties. Probably leave to her grandchildren in trust. Sure would like some help with this. Feel free to contact me. Thank you. Robert White

@Robert – You’ll need both a cohabitation agreement and a will for this. The two documents work together and are often prepared at the same time. We can help you with both.

I’ve been married for 2 years and we have a 10 month old baby but my hubsnad cheated on me many times, so I decided to leave him. However, I don’t have a job and I am currently going to school, I am under his medical insurance, so totally I am very dependent to him. Also, we are not joint account and I don’t carry his last name. We also don’t own any properties. Therefore, can I file uncontested divorce and summary dissolutions? And, is it possible for me to move to a different states because I would like to live near my mom, I needed her for moral support and also for taking care of my baby while I am working and going to school. My hubsnad promised me that he’s not going to take my baby and he also made a letter that I can take my daughter anywhere I go as long as she is safe and as a father he just wanted to know her whereabouts. Is the letter considered valid or should I get it notarized? If I also file a divorce, who is going to pay for it? Me or my hubsnad?

@Andreea – For something like this, you’re best off having a consultation with a lawyer. There a too many issues to deal with in just a comment.

Hi there, I have discussed with my bf that we should sign a cohabitation agreement. I own my home and he lives with me. I want to separate my assets from him. He also has bad debt I don’t want to be apart of. I would just like to avoid becoming common-law by default until we’re ready for a long-term commitment. Any assistance would be appreciated. We’re in Ontario. Thanks.

@Kristina – A cohabitation agreement can keep your assets and debts separate from each other. I’m not sure what you mean by avoid becoming common law. If you meet the statutory requirements for being common law, you will be common law, regardless of what your cohabitation agreement says. So, for instance, after one year of living together, you are common law for income tax purposes, and nothing you put in a cohabitation agreement can change that. However, a cohabitation agreement can modify your family law and estate law obligations from living common law.

My common law husband and I have done our own cohabitation agreement using an online kit, do you offer a flat fee service where you would go over our agreement and point out any areas of concern or make suggestions etc, we know what we want and we’ve agreed on everything in the document, and we don’t want lawyers to suggest or convince him or I to fight one another’s assets, etc, but we’d like a legal person to look it over and make sure it will achieve our goals.

I plan to start a cohabitation agreement while living in Ontario. However, the plan will be to move to another province before marriage. Are there any things we need to consider given this change in province? Additionally, would a cohabitation agreement started in Ontario continue into a marriage agreement in another province?

@Andrew – You can simply state that the jurisdiction for your agreement is Ontario, regardless of where you live. You should be fine in all provinces except possibly Quebec.

My boyfriend of more than 4 years won’t allow me to move-in with him until I sign a cohabitation agreement with him. I’m turning 50 this year while my bf is 67. He’s very loving, kind and generous. I have a son, 24, moved out already. I’ve never been married nor lived with somebody. I’m very independent and I raised my son all by myself since I was pregnant of him. My bf has taken me to several trips and cruises. I would say, he spends majority of the expenses. He loves to travel but I’d always tell him that I can’t afford it. I have 2 jobs but I’ve been paying my bills all by myself. I have bad credit and I own it. I love my bf so much but I didn’t see it coming when he is really into this cohabitation agreement. He just bought a house, paid off. I told him that I just want a simple life built with love, trust and loyalty. But he learned his lesson from his previous marriage and common law. They both drained his finances and property having no pre-nup. He doesn’t have kids by the way. It hurts to realize that he doesn’t trust me. Knowing that he was the one who has history in cheating on me, twice. I’m so confused and stressed out with this cohabitation agreement he’s pushing in. I would appreciate of any thoughts and advice.

Caryl, I’m not a lawyer but a cohabitation agreement is for protecting both parties. Not just him. It only applies in the event of a breakup. Many times, couples go head-first into things and they don’t even want to discuss or think about breaking up (or death).
This agreement is sort of a first step into having an amicable breakup IF it occurs because there wouldn’t be any surprises and everything is already communicated and both parties are on the same page. It prevents a traumatic breakup.

If you have a cohabitation agreement and the person who has medical insurance from work can they keep the other persons name on their insurance if they split up once living together

What date should the “effective on” date be? The date we became common law (after living together for 12 months)? or the date we sign? or the date we started living together? Many thanks for your help. Might just be a tedious detail questions, but wanted to make sure.