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Moving In Together? Here's Why You Should Consider a Cohabitation Agreement

Moving In Together? Here’s Why You Should Consider a Cohabitation Agreement

By the Family Law Team at Simmonds Law

Moving in with a significant other is a meaningful step in any relationship. While many couples focus on the emotional and practical aspects of living together, it’s equally important to consider the legal implications. In Ontario, couples who live together, whether married or not, may acquire legal rights and obligations that can have significant consequences in the event of a separation.

A cohabitation agreement is a legal contract that outlines each partner’s rights and responsibilities during and at the end of the relationship. This type of agreement can provide clarity, security, and peace of mind for both parties.

Here are a few key reasons to consider one before moving in together:

  • Protect Your Assets: Under common law doctrine in Ontario, in certain circumstances, a common-law partner may have a right to a share in the value of assets, especially if they contributed financially or otherwise during the relationship. A properly drafted cohabitation agreement can help minimize this risk by clearly stating how property will be treated both during the relationship and upon separation.
  • Avoid Unnecessary Disputes: A cohabitation agreement can help avoid disputes about spousal support. In Ontario, common-law partners may be entitled to spousal support even if they were never married. Without a written agreement, you may be exposing yourself to support obligations that exceed what you anticipated. A cohabitation agreement can set out whether spousal support will be paid, how much, and under what circumstances, providing greater predictability and reducing the potential for conflict.
  • Avoid Long Legal Battles: A cohabitation agreement can help avoid costly and stressful legal battles down the road. When couples separate without a written agreement, disputes over property, support, and other issues often result in lengthy and expensive litigation. By addressing these matters in advance, a cohabitation agreement can save both parties time, stress, and significant legal costs.

While every relationship is different, a cohabitation agreement can serve as a useful planning tool that supports open communication and ensures that both partners understand their rights and expectations. If you’re considering moving in with your partner, consulting with a family lawyer about whether a cohabitation agreement is right for you is a practical and worthwhile step.

Note: All information in this article constitutes legal information, not legal advice. Reading the article does not establish a formal solicitor-client relationship with Simmonds Law. Readers are encouraged to consult with a lawyer in their jurisdiction for advice on their particular circumstances.

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