Cohabitation Agreement
Get expert advice on the matters of family law from your home. We bring legal expertise to you in the most convenient and affordable way.

Get expert advice on the matters of family law from your home. We bring legal expertise to you in the most convenient and affordable way.
A cohabitation agreement protects financial and legal interests for common-law spouses or unmarried couples who plan to live together. Axess Law’s Ontario family lawyers draft domestic agreements to suit any family or financial circumstances.
Ontario’s Family Law Act considers you common law spouses if you:
Common law spouses’ legal rights differ from legally married couples. The home or assets you share may not be yours if you split. For your own peace of mind, it’s important to know your common law rights and obligations.
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Our family lawyers file legal documents or answer court questions. We help you navigate through your domestic legal issue with ease.
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Written cohabitation agreements in Ontario give you property rights if you separate. Without one, you are limited to making legal claims for financial support. Drafting a cohabitation agreement allows discussing your expectations for your relationship. And you can decide if you will financially support your spouse if they leave, or divide property that you own with them.
Bringing substantial assets into a new relationship or a business or vacation property you want to keep if you separate are all reasons to make a domestic contract. Your commitment to children from previous marriages or relationships can also make cohabitation agreements necessary. Dying intestate without a Will and cohabitation agreement can leave your spouse and children financially vulnerable after you are gone.
A cohabitation agreement gives you credit for financial contributions and domestic arrangements that can affect your future if you leave the relationship or your common law spouse dies.
Your cohabitation agreement can include:
Parenting time and decision-making responsibility for children (formerly called child access and child custody) are excluded. Only a family court judge can decide what the best interests of the child.
A cohabitation agreement protects your financial and legal interests. As a common law spouse, it is your legal obligation to:
Don’t hide ownership of any stocks, or property. Be truthful about all the personal assets you own.
Be very clear about what expectations you and your partner hold moving forward.
Your commitment to children from previous marriages or relationships must be clearly stated.
Discuss and clearly state how much each partner will contribute to the rent or mortgage.
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Dealing with a common law spouse who is dishonest or hides assets can be emotionally exhausting. Axess Law helps you figure out if your spouse is withholding financial disclosure to prevent sharing income after separation. We can recommend private investigators or advise on getting court judgments against spouses. Axess Law will look at your unique family situation and inform you if you can enforce cohabitation agreements in court.
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