Cohabitation agreements are powerful tools for partners living together without being married. These legal documents provide clarity around finances, property, and responsibilities, and they’re especially important for common law partners who don’t benefit from the same legal protections as married couples. But what happens when a relationship ends or circumstances change? Can a cohabitation agreement be broken?
The short answer: not easily, but yes, under specific circumstances. In this post, we’ll explore what makes a cohabitation agreement valid, when it can be challenged or updated, and how Canadian law treats common law cohabitation (spoiler alert: not all provinces are the same). Whether you’re in Ontario, British Columbia, or elsewhere in Canada, this guide will walk you through what you need to know.
Cohabitation agreements, like other contracts, are binding if properly drafted and signed. But there are cases where they can be challenged in court. These include:
These legal principles help protect both parties but can also complicate enforcement if not addressed properly at the drafting stage.
When a common law relationship ends, having a cohabitation agreement can ease the transition. If you already have a cohabitation agreement in place, it may outline how property, debt, and other matters will be handled. If not, you may need to start from scratch when you’re trying to reach a separation agreement. As you can imagine, coming to an agreement with your partner at the beginning of a relationship tends to be significantly easier than it is at the end of a relationship when tensions are running high.
Having a clear and fair plan in place, especially one you created together when things were amicable, reduces the risk of drawn-out disputes at the end of a relationship, which are often costly and emotionally draining.
Before signing any legal document with your common law partner, it’s essential to have some frank conversations about your expectations for your future. What are your shared and individual financial goals? How will you divide expenses? What happens if one of you wants to buy a house but the other isn’t ready? What are your current debts and assets?
These discussions aren’t always easy, but they are crucial to ensure your agreement reflects your real-life expectations and doesn’t lead to misunderstandings down the road.
Surprisingly, many couples find that negotiating a cohabitation agreement actually brings them closer. It forces honest dialogue and helps each person feel seen and heard. If approached with respect and a focus on mutual protection, it’s not just a legal tool, it’s a relationship-strengthening experience.
Your agreement should grow with your relationship. You may want to update your cohabitation agreement if:
Any major life event is a good time to revisit your agreement and ensure it still serves you both. You may decide your agreement still makes sense despite your change in circumstances, or you may decide that it’s time to make a change.
Changing a cohabitation agreement doesn’t have to be difficult. You can:
Like any legal contract, clarity, fairness, and disclosure are key to making updates enforceable. There is no limit to the number of times you can revisit and update your agreement. Doing it regularly is a great way to make sure your agreement isn’t overturned later if there is a dispute.
A cohabitation agreement is a legal contract between two people who are living together (or planning to live together) in a romantic relationship. It outlines:
Cohabitation agreements serve the same purpose as agreements made by married couples. They’re called different things: prenups, postnups, marriage agreements or marriage contracts, but the subject matter is the same.
Many people assume they automatically have rights after living together for a certain period. But that’s not always true. In Ontario, for example, common law partners don’t automatically share property rights the way married couples do. A cohabitation or common law agreement can provide the clarity and protection that the law doesn’t guarantee. Because the legal protections aren’t as strong if you are in a common law relationship, getting an agreement is often even more important for unmarried couples than it is for married couples.
Canadian law varies by province when it comes to common law partners. There’s no universal definition of when you become common law, though it typically ranges from 1 to 3 years of cohabitation. Rights around property, support, and family law differ significantly depending on where you live.
For example:
Understanding the rules in your province is critical. That’s why agreements tailored to local laws are so important.
Here’s a brief look at how cohabitation laws differ:
ProvinceWhen You Become Common LawProperty Division RulesOntario3 years (or less with a child)No automatic property divisionBC2 yearsEqual division of property and debtAlberta3 yearsNew legislation (Family Property Act) appliesQuebecNo automatic legal statusMust sign agreements to have rightsA common law agreement in Ontario or a common law agreement in BC needs to reflect these legal realities.
Creating a legally sound agreement involves several steps:
This process ensures that the agreement is enforceable, respectful, and truly reflects your intentions.
Without a cohabitation agreement, your assets could be vulnerable. For example, if you bought a house before your partner moved in, a dispute over its value or ownership could arise. Your agreement should clearly outline:
This is especially critical for business owners or people with significant pre-existing assets.
Many common law partners share expenses, take on joint debt, or even run businesses together. A cohabitation agreement can lay out how finances will be managed, who is responsible for what, and how income or investments are shared during your relationship and if it ends.
This isn’t just about breakups, it’s about everyday clarity and financial harmony.
While both marriage and cohabitation involve romantic partnerships, the legal implications are vastly different. For example:
Understanding the difference between common law and marriage is essential before deciding how to legally structure your relationship.
The language can be confusing. Here’s a breakdown:
Whatever terms you use, what matters most is that your agreement reflects your life and your values.
At Jointly, we know that love doesn’t come with a legal manual, but we believe protection should still be accessible. We provide a user-friendly online platform that empowers Canadian couples to create personalized, legally sound cohabitation agreements, without spending thousands on legal fees.
Ready to create your cohabitation agreement? Get started for free with our Agreement Starter Kit.
Aimee SchallesHi, I'm Aimee, a co-founder of Jointly. I’ve been working as a lawyer in British Columbia for over ten years. I run a small law firm and love helping people solve everyday problems. I’ve seen the difficulties that ordinary people face in accessing reliable legal services. I’ve also seen many friends and clients go through challenging separations that could have been improved if they’d have had a prenup or cohabitation agreement. I hope Jointly helps people make the relationship agreement they’ve been thinking about! Latest posts by Aimee Schalles (see all)