Cohabitation Agreement Lawyer Toronto

Common Law Couples and Cohabitation Agreements

Common law spouses do not have the same rights as married couples to the equal division of property that is bought when they were living together nor do they have the right to divide between themselves the increase in value of the property they brought into the relationship. However, if you have contributed to property that your spouse owns, you may have a right to a part of it.  If your spouse does not agree to pay you back, you may have to go to court to get back your contribution.

If you are in a common law relationship, you can sign a Cohabitation Agreement to protect your rights. With a cohabitation agreement, you can spell out what your financial and family arrangement will be. You can agree on things like who owns the property you buy while you are living together; how much support will be paid and how property will be divided if the relationship ends. You can also decide on who stays in the home if the relationship ends.

With a cohabitation agreement, you cannot agree on who will have custody and access of your children when the relationship ends. In order for a cohabitation agreement to be legal, it must be in writing and both you and your spouse must sign it in front of witnesses. The witness must also sign the agreement. Once you have signed the agreement you must follow it. If later on you decide that you do not like the agreement, you can negotiate a change to the agreement, which also has to be in writing, and signed by both parties in front of witnesses. If you cannot negotiate changes and are now separated, you have to go to court and ask a judge to decide the issues.

 

Do You Need a Lawyer to Prepare a Cohabitation Agreement?

Cohabitation agreements are very important legal documents that can greatly impact your future. You should think carefully about your decision and speak to a Toronto divorce lawyer before signing a cohabitation agreement, in order to protect your rights.

For more information about a cohabitation agreement, or obtaining a divorce in Ontario, please contact our Toronto divorce lawyer.

 

NOTICE AND DISCLAIMER: The material posted on this website is for informational purposes only and should not be relied upon as legal advice. If you are in need of legal advice relating to your particular situation it is highly recommended to consult with a lawyer.