Canada · ca-*-cohabitation_agreement-2026-09-12.1

cohabitation agreement

National guide. Then pick a province: legal propositions live in the 26 packs, not in this essay.

marriage contract · Review · C$69

A Canadian cohabitation agreement is the unmarried track. In some provinces it is a named domestic contract. In others it is a family-law agreement under the same statute that already treats many unmarried partners as spouses for property. Québec de facto unions sit outside family patrimony. Nova Scotia’s matrimonial-property act is built for married spouses; Walsh is why this product will not pretend otherwise.

That split is why Canada cannot ship as two flagship provinces. British Columbia, Alberta, Manitoba, Saskatchewan, Yukon, the Northwest Territories, and Nunavut can pull unmarried partners into family-property statutes after a time or a child. Ontario, Québec, Nova Scotia, New Brunswick, Newfoundland and Labrador, and Prince Edward Island generally do not hand unmarried couples the married property machine. Support can still arise. A will is still a will. A cohabitation agreement is not a samboavtal and not a prenup.

If the couple later marries, the cohabitation agreement does not automatically become a marriage contract. Some statutes discuss continuation; most files still need a lawyer to say whether the writing, form, and new default regime actually carry forward. PrenupsAI will flag the transition instead of inventing a national rule.

Common questions

If we never sign, what does this province divide?

Read the province page. In Ontario, unmarried partners do not get Part I equalization. In British Columbia, unmarried spouses can have Part 5 claims after two years or a child. In Québec, de facto spouses do not enter family patrimony by living together. The answer is the whole point of thirteen packs.

Is this the same as a Swedish samboavtal?

No. Sambolagen divides a narrow class of joint dwelling and household goods. Canadian provinces either fold many unmarried partners into spouse-like property statutes or they do not. There is no national sambolag.

Do we need witnesses?

Often yes in the Ontario-style domestic-contract provinces. Québec de facto agreements are not marriage contracts and are not notarial family-patrimony instruments. Check the province pack rather than assuming one form.

Can a cohabitation agreement replace a will?

No. Unmarried partners are often not intestate heirs. The agreement may allocate property between the living parties; it is not a substitute for estate planning.

What if one of us already owned the home?

Title, excluded property, resulting trust, unjust enrichment, and statutory family property are different tools in different provinces. The document question is which statute actually reaches unmarried partners, not who paid the last mortgage installment.

We are getting married next year. Keep this file?

Keep it as evidence of what you intended while unmarried. Ask counsel whether you also need a marriage contract in the new province’s form. Do not assume the old PDF becomes a marriage contract by changing the title.

Worked examples

Two years in Vancouver versus two years in Toronto

In British Columbia, two years of a marriage-like relationship can make someone a spouse for family property. In Ontario, two years of cohabitation does not create Part I equalization. The same English clause can be asking two different legal questions.

A Montréal couple who never married

Family patrimony does not attach because they share an apartment. A private property agreement may still matter between them. Analyzing the file as an Ontario cohabitation agreement under the FLA is a catalog error.

A Halifax couple who think Walsh means they cannot contract

Walsh limited statutory matrimonial-property division to married spouses. It did not ban private contracts. The pack should not invent MPA division for them, and it should not tell them a contract is impossible.

Choose a province

Analysis requires a provincial pack.