Why a Prenup or Cohabitation Agreement Should Be Part of Your Homebuying Checklist

Buying a home with your partner is one of the biggest financial decisions you’ll ever make. But while you’re busy comparing mortgage rates, scouring listings, and planning for move-in day, there’s one more box you should check off: a prenup, postnup or cohabitation agreement.

It may not be the most romantic part of the process but it could be one of the most important. Here’s why a legal agreement should be part of your homebuying strategy, and how it can protect you both for the long run.

1. You’re Already Making a Major Legal and Financial Commitment

Whether you’re married or not, buying property together has serious legal implications. You’re entering into a joint financial agreement often with shared liability for the mortgage, taxes, upkeep, and more.

But what happens if the relationship ends? Or if one partner contributed the down payment and the other didn’t? Without a clear, written agreement, you could be relying on default provincial family law to decide how your home is managed in the event of a breakup which may not reflect what either of you consider fair.

A cohabitation agreement, postnup or prenup ensures your intentions are clear from the start. It helps you both understand:

• What will happen with the down payment
• How equity is divided
• What happens if one of you moves out or the relationship ends

2. Property Division Rules Vary and Might Surprise You

In many provinces, like British Columbia, common-law partners who have lived together for two years are treated like married spouses when it comes to property division. That means your home, even if only one name is on the title, could be subject to a 50/50 split upon separation.

In other provinces, the rules are different but still complex. A legal agreement gives you clarity and control, no matter where you live.

3. A Legal Agreement Can Clarify Unequal Contributions

It’s very common for one partner to contribute more financially to a home purchase especially if one has:

• A larger down payment
• A higher income
• Family support or an inheritance

A prenup, postnup or cohabitation agreement can recognize those unequal contributions and clearly outline how equity and ownership will be divided during your relationship, and if it ends. This helps protect both partners and avoids misunderstandings (and costly court battles) later on.

4. It’s Not Just About Breakups, It’s About Planning for the Future

A home isn’t just a financial investment, it’s where you build your life together. Talking through what happens if life takes an unexpected turn is part of building a resilient and communicative relationship.

Creating a legal agreement doesn’t mean you expect to break up, it means you want to protect one another and make fair decisions in advance. Think of it like insurance: you hope you never need it, but you’ll be glad it’s there if you do.

5. It Can Make Things Easier if You Ever Sell or Refinance

Even if your relationship lasts forever, having a clear agreement in place now can simplify other major decisions like selling the home, refinancing the mortgage, or buying out your partner’s share.

With a legal agreement, you already have the framework to guide those conversations, making the process smoother and less emotionally charged.

How to Create a Cohabitation Agreement or Prenup the Easy Way

At Jointly, we make it easy for couples to create personalized legal agreements, like cohabitation agreements, prenups, and postnups, without the high cost or complexity of traditional legal services.

Our platform:

✅ Uses clear, understandable language
✅ Walks you through your options step by step
✅ Is fully online, complete it on your own time
✅ Helps you feel confident about your shared future

Jointly was built by lawyers and has been approved by the Law Society of Ontario.  This isn’t a questionable online template agreement – it’s a legally valid solution that you can trust.

Don’t Let the Law Decide for You, Make a Plan That Fits Your Relationship

If you’re buying a home with your partner, now is the perfect time to have the important conversations and put your decisions in writing.

You’re already investing in your future together. Let’s make sure your legal and financial foundation is just as strong.

👉 Create your agreement today