Family Law
Cohabitation Agreement Lawyer
Family Law
Cohabitation Agreement Lawyer
When you move in together as a couple, the decision brings with it legal implications. While the rights of married spouses versus those of cohabitating spouses are not the same under Ontario law, unmarried spouses who separate create legal obligations that affect their assets, liabilities, and finances. The objective of the cohabitation agreement is to protect the property and income in the event of a future separation. Such agreements clarify the ownership and support obligations. If the cohabiting couple eventually chooses to get married, the cohabitation agreement can be replaced bya marriage contract with the help of a family lawyer.
What constitutes a cohabitation agreement?
By entering into a cohabitation agreement before or during your life together as a cohabiting couple, you are setting down your financial expectations on property division in the event of separation. This will be very helpful in cases where one person is contributing to the wealth of the other person during their relationship. The cohabitation agreement deals with ownership claims over property as well as support obligations after separation. It is worth noting here that the cohabitation agreement will typically not apply to child support, custody, and access matters. Such things will be decided by the court based solely on the best interests of the child and the prevailing circumstances at that time.
How is property divided without a cohabitation agreement?
Without a cohabitation agreement, the court will be relying on provincial statutes and the common law to decide how the property is to be divided between the former partners. The laws are not the same on this across provinces. For example, in Ontario, the property division rights available to married couples are not available to cohabiting couples. However, in British Columbia, property division rights are the same for married and cohabiting or common-law couples. If the court were to decide that each person is only entitled to their personal property, this might seem unfair to the person who contributed more to the wealth of their partner, especially in a long-term relationship. This is why it is crucial to get a family lawyer to draft and execute a cohabitation agreement tailored to your requirements before or during your life together as a couple.
How can a family lawyer help you?
In order to protect your financial interests, it is strongly recommended that you consult a family lawyer to draft a cohabitation agreement for your partner to consider before you start living together. It is also possible to enter into an agreement with your partner during the cohabitation if both of you can come to an understanding of the property division and financial obligations in the event of separation. In either case, a family lawyer can help you in the following manner:
Providing legal guidance:
As mentioned above, the provincial laws on property division for cohabiting couples vary from province to province. Your lawyer will advise you regarding the provincial laws and how best to protect your financial interests in the event of a separation.
Independent legal advice:
For the agreement to be considered fair before the law, it is best if each partner is represented by an independent lawyer during the drafting and negotiating of the cohabitation agreement. This reduces the chances of disputes and claims of coercion in the future.
Drafting the agreement and negotiating the terms:
A family lawyer can help you with drafting the agreement and ensure that it covers all aspects of property division and financial obligations that might arise in case of a separation.
Modification of the agreement:
If the circumstances change and you require the agreement to be amended, your lawyer can help you execute a new agreement and ensure that it overrides the earlier agreement and is legally binding.
Enforcement of the agreement:
In the event of a dispute, your lawyer can represent you in court to request the enforcement of the cohabitation agreement and to ensure that your financial interests are protected throughout the proceedings.
It is worth mentioning here that each relationship is unique, and the financial circumstances in that relationship might require separate provisions in the agreement. This is why it is best to consult a family lawyer to draft such a legal document rather than trying to enter into an agreement on your own.
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Frequently Asked Questions
Is it possible to modify the cohabitation agreement?
Yes. If both parties agree, the existing cohabitation agreement can be cancelled or modified. This new agreement must be signed and witnessed so that it may supersede the earlier agreement as a legally binding document. A family lawyer can help you draft and execute it.
What happens in a separation without an existing cohabitation agreement?
If there is no cohabitation agreement, the property division and support obligations must be decided based on the provincial laws concerning these matters. However, this varies from province to province. In fact, the court might rule that you are only entitled to your own property, regardless of how much you contributed to your partner’s wealth during the relationship.
What is the difference between a cohabitation agreement and a marriage contract?
Obviously, the main difference is the fact that cohabitation agreements are executed between unmarried couples, while marriage contracts are executed between married couples. If the common-law partners get married later on, this cohabitation agreement can be converted into a marriage contract. Follow the advice of your family lawyer in updating the terms and conditions, if necessary.
Can I take sole possession of the home in case of separation from my cohabitation partner?
In most provinces, after separation, if the property is solely in your name, you might ask your former partner to vacate the home. However, in some provinces, even though you are not legally married, your partner might be entitled to the same property rights as that of a married partner, especially when you have been living together for more than three years or when you have children together. Moreover, in a domestic abuse case, the court might temporarily grant sole possession of the house to one person even if the property is not in their name.
Your former partner may also stake a claim on the house if they have contributed to it in some way towards the rent or mortgage payments or if there is a provision in the cohabitation or separation agreement allowing them to stay. It is best to consult a lawyer before you take any action in such cases.
